Section 237 CrPC: Procedure for Cases Instituted Under Section 199(2) – Code of Criminal Procedure
This section deals with the procedure to be followed in cases instituted under Section 199(2) of the CrPC.
1. The Code
Section 237 CrPC states:
“When a case is instituted under Section 199(2), the Magistrate shall, after taking cognizance of the offence, proceed to hold an inquiry in the manner hereinafter prescribed in this Chapter.”
2. Explanation
- Section 199(2) pertains to offenses that require a complaint to be made by a person aggrieved by the offense. These offenses are typically non-cognizable and require the consent of the Magistrate to take cognizance of the case.
- Section 237 outlines the procedure to be followed by the Magistrate after taking cognizance of the offense, based on the complaint filed under Section 199(2).
- “Inquiry” refers to the preliminary investigation conducted by the Magistrate to determine whether sufficient grounds exist to proceed with a formal trial.
3. Illustration
Consider a situation where an individual makes a complaint against another person for defamation (an offense under Section 499 IPC). This offense falls under Section 199(2) of CrPC, meaning the Magistrate requires a complaint before taking cognizance. The Magistrate, upon receiving the complaint, will follow the procedures outlined in Section 237 to conduct an inquiry and decide whether to proceed with the trial.
4. Common Questions and Answers
Q: What are the key steps involved in the inquiry under Section 237?
A: The inquiry involves collecting evidence from the complainant, examining the accused, and investigating the allegations. The Magistrate will assess the evidence to determine if sufficient grounds exist to proceed with a formal trial.
Q: What happens after the inquiry under Section 237?
A: If the Magistrate finds sufficient grounds, the case will be converted into a trial. If not, the Magistrate may discharge the accused or dismiss the complaint.
Q: Does Section 237 apply to all cases instituted under Section 199(2)?
A: Yes, Section 237 outlines the general procedure for all cases instituted under Section 199(2) of the CrPC.
