Section 202 CrPC: Postponement of Issue of Process – Code of Criminal Procedure

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Section 202 CrPC: Postponement of Issue of Process – Code of Criminal Procedure

1. Code:

Section 202 of the Code of Criminal Procedure, 1973 (CrPC) deals with the postponement of the issue of process in criminal proceedings.

2. Explanation:

This section empowers a Magistrate to postpone the issue of process (like summons or warrant) in a criminal case if:

  • The Magistrate deems it necessary to have further inquiry made into the case.
  • The Magistrate believes that there is reasonable ground to believe that the accused is likely to abscond if the process is issued immediately.
  • The Magistrate finds it expedient to postpone the issue of process for any other sufficient reason.

3. Illustration:

Imagine a situation where a complaint is filed against a person for theft. The Magistrate, after examining the complaint, feels that the evidence presented is insufficient and requires further investigation. In this scenario, the Magistrate can invoke Section 202 and postpone the issuance of a summons to the accused until the investigation is complete.

4. Common Questions and Answers:

  • Q: What is the purpose of postponing the issue of process?A: The purpose is to ensure a fair and just trial. Postponement allows for thorough investigation, prevents potential flight of the accused, and helps gather more evidence.
  • Q: What is the time limit for postponement under Section 202?A: There is no fixed time limit. The Magistrate can postpone the issue of process for as long as they deem necessary, but it should be reasonable and justified.
  • Q: Can the accused challenge the postponement order?A: Yes, the accused can challenge the postponement order by filing a revision application or a writ petition before the higher court.
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