Description
General Rule
- When a Magistrate takes cognizance of an offence based on a complaint, they must:
- Examine the complainant and witnesses (if any) on oath.
- Reduce the substance of the examination to writing.
- Ensure that the complainant and witnesses sign the written record.
- The Magistrate must also sign the document.
Exceptions
A Magistrate is not required to examine the complainant and witnesses if:
The complaint is made in writing and:
- A public servant (acting in their official capacity) or a Court has filed the complaint.
- The Magistrate transfers the case for inquiry or trial to another Magistrate under Section 192.
If the Magistrate has already examined the complainant and witnesses before transferring the case under Section 192, the new Magistrate does not need to re-examine them.
