COMMENCEMENT OF PROCEEDINGS BEFORE MAGISTRATESCentral

Section 204 of The Code of Criminal Procedure, 1973

(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--
1. (a)a summons-case, he shall issue his summons for the attendance of the accused, or
2. (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.

Summary

If there is enough reason to move forward, the Magistrate will start the official process to bring the accused to court.
For a summons-case (less serious), the Magistrate will issue a summons for the accused to attend.
For a warrant-case (more serious), the Magistrate can issue a warrant to bring the person or a summons if they prefer.
The court will not issue any summons or warrant until the prosecution provides a list of their witnesses.
If the case started with a written complaint, a copy of that complaint must be sent to the accused along with the court notice.
If required legal fees for the process are not paid within a reasonable time, the Magistrate can dismiss the complaint.

Practical examples

1The Magistrate finds enough evidence in a minor assault case. Since this is a summons-case, the Magistrate issues a summons under Section 204 of the Code for the accused to appear in court on July 10th.

2In a theft case, the complainant fails to pay the necessary processing fees for several weeks. The Magistrate, exercising power under Section 204 of the criminal procedure law, dismisses the complaint because the fees were not paid.

FAQ

1. Can a Magistrate issue a warrant in a summons-case under Section 204 of the Code of Criminal Procedure, 1973?

No, Section 204 of the Code of Criminal Procedure, 1973, specifies that for a summons-case, the Magistrate shall issue a summons for the attendance of the accused.

2. Is a witness list required before issuing a process under Section 204 of the Code of Criminal Procedure, 1973?

Yes, Section 204 of the Code of Criminal Procedure, 1973, states that no summons or warrant shall be issued until a list of the prosecution witnesses has been filed.

3. What happens if a complainant does not pay process-fees under Section 204 of the Code of Criminal Procedure, 1973?

Under Section 204 of the Code of Criminal Procedure, 1973, the Magistrate may dismiss the complaint if fees are not paid within a reasonable time.

Test yourself

Q1.Under Section 204 of the Code of Criminal Procedure, 1973, what is the default process for a warrant-case?

Q2.What document must be filed before a process is issued under Section 204 of the Code of Criminal Procedure, 1973?

Q3.Under Section 204 of the Code of Criminal Procedure, 1973, if a complaint is in writing, what must accompany the summons?

Q4.Does Section 204 of the Code of Criminal Procedure, 1973, affect the Magistrate's power to issue a warrant instead of a summons under Section 87?

203PreviousSection 203 Dismissal of complaint.205NextSection 205 Magistrate may dispense with personal attendance of accused.

←Section 203 Section 205→