Code:
(1) If in the opinion of a Magistrate taking cognizance of an offence there is sufficient ground for proceeding, and the case appears to be–
(a) a summons-case, he shall issue his summons for the attendance of the accused, or
(b) a warrant-case, he may issue a warrant, or, if he thinks fit, a summons, for causing the accused to be brought or to appear at a certain time before such Magistrate or (if he has no jurisdiction himself) some other Magistrate having jurisdiction.
(2) No summons or warrant shall be issued against the accused under sub-section (1) until a list of the prosecution witnesses has been filed.
(3) In a proceeding instituted upon a complaint made in writing, every summons or warrant issued under sub-section (1) shall be accompanied by a copy of such complaint.
(4) When by any law for the time being in force any process-fees or other fees are payable, no process shall be issued until the fees are paid and, if such fees are not paid within a reasonable time, the Magistrate may dismiss the complaint.
(5) Nothing in this section shall be deemed to affect the provisions of section 87.
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.
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.
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.
