Description

1. Discretion to Postpone Process

A Magistrate who receives a complaint of an offence that:

• He is authorized to take cognizance of, or
• Has been made over to him under Section 192,

may, if he thinks fit, postpone the issue of process against the accused.

2. Mandatory Postponement in Certain Cases

The Magistrate shall postpone the issue of process if:

• The accused resides outside the area of his jurisdiction.

3. Inquiry or Investigation

Before proceeding, the Magistrate may:

• Inquire into the case himself, or
• Direct an investigation by:
  • A police officer, or
  • Any other person he deems fit.

This is done to determine whether there is sufficient ground for proceeding.

4. Restrictions on Ordering Investigation

The Magistrate shall not direct an investigation if:

• The offence is triable exclusively by the Court of Session, or
• The complaint has not been made by a Court, unless:
  • The complainant and any witnesses present have been examined on oath under Section 200.

5. Taking Evidence in an Inquiry

• The Magistrate may take evidence of witnesses on oath.
• If the offence is triable exclusively by the Court of Session, the Magistrate must call upon the complainant to produce all witnesses and examine them on oath.

6. Powers of Investigators (Other than Police Officers)

• If the investigation is conducted by a person other than a police officer, they shall have all the powers of an officer in charge of a police station, except the power to arrest without warrant.