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Section 204 CrPC: Issuing Process – Code of Criminal Procedure
1. State the Code:
Section 204 of the Code of Criminal Procedure, 1973 deals with the issuance of process by a Magistrate.
2. Explain it:
This section outlines the procedure a Magistrate must follow when issuing a summons or warrant in a criminal case. It emphasizes the importance of:
- Issuing process in the name of the President of India, indicating the authority of the judicial system.
- Specifying the offence for which the process is being issued.
- Providing details of the accused, including their name, father’s name, address, and any other relevant information.
- Clearly stating the date and time of appearance required before the Magistrate.
- Properly signing and sealing the process to ensure authenticity and legal validity.
3. Illustrate it:
Suppose a person named Ramesh is accused of theft. The Magistrate, upon receiving the complaint, must issue a summons to Ramesh. The summons should be in the name of the President of India, specifying the offence of theft, detailing Ramesh’s information (name, father’s name, address), and the date and time for him to appear before the Magistrate. The summons must be signed and sealed by the Magistrate.
4. Common Questions and Answers:
- Q: What is the purpose of specifying the offence in the process?
- A: This ensures the accused is aware of the charges against them and allows them to prepare their defense.
- Q: Can a Magistrate issue a warrant without following the provisions of Section 204?
- A: No, issuing process without adhering to the provisions of Section 204 can be considered an irregularity and may affect the validity of the process.
- Q: Who can issue process under Section 204?
- A: Only a Magistrate, who has jurisdiction over the case, can issue process under Section 204.
