202
202
Postponement of issue of process
Code of Criminal Procedure, 1973
Chapter XV Complaints to Magistrates
⚖️
Reviewed by Advocate Aditi Babbar, Seasoned Advocate · Practicing since 31 yearsInvestigationComplaint HandlingProcedural
🗣️ Simple Explanation
What does this law say?
Section 202 of the CrPC allows a Magistrate to delay issuing a summons or warrant to an accused person. The Magistrate can investigate the case themselves or ask the police to investigate. This is to decide if there's enough evidence to proceed.
Why does this law exist?
This law helps ensure that cases are not started without good reason. It protects people from being wrongly accused. It allows the Magistrate to gather more information before taking action.
Real-life impact
If someone accuses you of a crime, the Magistrate might delay issuing a summons. They might ask the police to investigate first. This gives you a chance to prove your innocence before the case goes to court.
What happens if you break this law?
This section is about procedure, not breaking the law. It outlines how the Magistrate handles a complaint before issuing a summons or warrant.
💡 Real Life Example
Priya accuses Amit of online fraud. The Magistrate, under Section 202, asks the police to investigate the claim before issuing a summons. If the investigation finds no evidence, the case may be dismissed.
🛡️ KNOW YOUR RIGHTS
- •Know that the Magistrate can postpone issuing a summons.
- •Understand that an investigation may be ordered before a summons is issued.
- •Cooperate with any investigation if you are involved.
❓ FREQUENTLY ASKED QUESTIONS
Section 202 of the CrPC allows a Magistrate to postpone issuing a summons or warrant after receiving a complaint. The Magistrate can investigate the case themselves or ask the police to investigate. This helps the Magistrate decide if there is enough evidence to proceed with the case.
Section 202 itself doesn't deal with bail. It's a procedural section. Whether the underlying offence is bailable or not depends on the specific crime alleged in the complaint. The Magistrate's actions under Section 202 don't directly affect bail.
Sources & References
📒 Legal text sourced from The Gazette of India & AdvocateKhoj Bare Acts Library
⚖️ Content reviewed by Advocate Aditi Babbar, Seasoned Advocate, with 31 years of legal practice
📚 Act Reference: Code of Criminal Procedure, 1973
Disclaimer: This content is for informational purposes only and does not constitute legal advice. Consult a qualified advocate for specific legal matters.
Was this helpful?