CrPC Section 200
CrPC Section 200 details the procedure for examining complaints before taking cognizance in criminal cases.
CrPC Section 200 outlines the process a Magistrate follows when a complaint is made about a criminal offence. It involves examining the complainant and witnesses to decide if there is sufficient ground to proceed. Understanding this section helps citizens know how complaints are handled before formal charges begin.
This section plays a crucial role in filtering baseless complaints and ensuring only valid cases move forward. It protects individuals from unnecessary legal harassment and ensures the judicial process starts on a firm foundation.
CrPC Section 200 – Exact Provision
This provision requires the Magistrate to carefully assess the complaint’s validity by questioning the complainant and any witnesses under oath. The Magistrate may also collect additional evidence if needed. This step ensures that frivolous or unfounded complaints do not proceed to trial, saving judicial time and protecting accused persons from unwarranted legal action.
Mandates Magistrate’s examination of complainant and witnesses on oath.
Allows collection of necessary evidence before proceeding.
Determines if sufficient ground exists to initiate trial.
Applies to complaints made orally or in writing.
Explanation of CrPC Section 200
Simply put, this section requires a Magistrate to check if a complaint about a crime is credible before starting formal legal action. The Magistrate questions the complainant and witnesses to decide if the case should move forward.
The section says the Magistrate must examine the complainant and witnesses under oath.
It affects complainants, witnesses, and the Magistrate handling the complaint.
Triggered when a complaint about an offence is made to the Magistrate.
Allows the Magistrate to collect evidence to verify the complaint.
Prevents proceeding without sufficient grounds or evidence.
Purpose and Rationale of CrPC Section 200
This section exists to prevent misuse of the legal process by filtering out false or baseless complaints early. It ensures that only cases with reasonable grounds proceed, protecting individuals from unnecessary harassment and preserving judicial resources.
Protects rights of accused by requiring preliminary examination.
Ensures proper procedure before trial begins.
Balances police and judicial powers with citizen protections.
Avoids abuse of complaint mechanism and frivolous litigation.
When CrPC Section 200 Applies
Section 200 applies whenever a complaint about a cognizable or non-cognizable offence is made to a Magistrate. It governs the initial stage before formal charges or investigation begin.
Complaint must be made to a Magistrate, orally or in writing.
Magistrate has authority to examine complainant and witnesses.
Applies to all criminal complaints requiring Magistrate’s cognizance.
No strict time limits, but timely examination is expected.
Exceptions if complaint is frivolous or legally barred.
Cognizance under CrPC Section 200
The Magistrate takes cognizance of the offence after examining the complainant and witnesses under oath. If sufficient ground is found, the Magistrate may proceed to issue process or direct investigation. This step is crucial for initiating formal criminal proceedings.
Magistrate examines complainant and witnesses on oath.
May record evidence or statements for decision-making.
Cognizance is taken only if sufficient ground exists.
Bailability under CrPC Section 200
Section 200 itself does not specify bailability, as it deals with complaint examination. Bailability depends on the nature of the offence alleged in the complaint. The Magistrate’s decision after examination influences subsequent arrest or bail procedures.
Bail conditions depend on the offence involved.
Section 200 helps determine if case proceeds to arrest or trial.
Practical consideration: early examination may avoid unnecessary arrests.
Triable By (Court Jurisdiction for CrPC Section 200)
Complaints examined under Section 200 are generally triable by the Magistrate who takes cognizance. Depending on the offence, the case may be committed to a Sessions Court for trial after preliminary proceedings.
Initial trial jurisdiction lies with the Magistrate.
Sessions Court may try serious offences after committal.
Section 200 applies at the complaint stage before trial.
Appeal and Revision Path under CrPC Section 200
Decisions made by the Magistrate under Section 200 can be challenged by appeal or revision in higher courts. If the Magistrate refuses to take cognizance, the complainant may seek revision. Appeal timelines depend on the nature of the order passed.
Appeal lies to Sessions Court or High Court depending on order.
Revision petitions can be filed against Magistrate’s decisions.
Timelines vary but prompt action is advisable.
Example of CrPC Section 200 in Practical Use
Person X files a written complaint to the Magistrate alleging theft by Y. The Magistrate examines X and witnesses under oath, asking questions to verify facts. Finding sufficient ground, the Magistrate orders investigation and issues process against Y. This prevents baseless complaints and ensures only genuine cases proceed.
The section ensured proper scrutiny before proceeding.
Key takeaway: protects accused from false allegations and judicial time from waste.
Historical Relevance of CrPC Section 200
Section 200 has been part of the CrPC since its early versions, evolving to strengthen judicial scrutiny of complaints. Amendments have clarified procedures for examination and evidence collection to improve fairness and efficiency.
Originally included to prevent frivolous complaints.
Amendments enhanced Magistrate’s powers to examine evidence.
Procedural clarifications improved complaint handling.
Modern Relevance of CrPC Section 200
In 2026, Section 200 remains vital for filtering complaints in a busy judicial system. It supports digital complaint filing and virtual examination, ensuring timely and fair processing. The section balances speedy justice with protection against misuse.
Supports e-filing and virtual examination methods.
Helps reduce backlog by early filtering of cases.
Protects rights amid increased complaint volumes.
Related Sections to CrPC Section 200
Section 195 – Procedure for taking cognizance of certain offences
Section 202 – Postponement of issue of process
Section 204 – Issue of process
Section 156 – Police investigation on Magistrate’s order
Section 190 – Cognizance of offences by Magistrate
Case References under CrPC Section 200
- State of Haryana v. Bhajan Lal (1992, AIR 604)
– Established guidelines to prevent misuse of complaint procedure under CrPC, including Section 200.
- Bhagwan Singh v. State of Rajasthan (1954, AIR 621)
– Held that Magistrate must examine complainant before taking cognizance under Section 200.
- Ramesh Kumari v. State of Delhi (2006, AIR 1894)
– Emphasized importance of preliminary examination to protect accused rights.
Key Facts Summary for CrPC Section 200
- Section:
200
- Title:
Examination of Complainant
- Nature:
Procedural
- Applies To:
Magistrate, complainant, witnesses
- Cognizance:
Taken after examination on oath
- Bailability:
Depends on offence alleged
- Triable By:
Magistrate
Conclusion on CrPC Section 200
CrPC Section 200 is a foundational provision ensuring that complaints are properly examined before criminal proceedings begin. It safeguards against frivolous or malicious complaints, protecting both the accused and the judicial system.
By requiring the Magistrate to examine complainants and witnesses under oath, the section promotes fairness, transparency, and judicial efficiency. Citizens benefit from this early scrutiny, which helps maintain trust in the criminal justice process.
FAQs on CrPC Section 200
What is the main purpose of CrPC Section 200?
Its main purpose is to require the Magistrate to examine the complainant and witnesses under oath to decide if there is enough ground to proceed with a criminal case.
Who can file a complaint under this section?
Any person who believes a criminal offence has been committed can file a complaint orally or in writing to the Magistrate for examination under Section 200.
Does Section 200 apply to all types of offences?
Yes, it applies to complaints about both cognizable and non-cognizable offences made to a Magistrate.
Can the Magistrate reject a complaint after examination?
Yes, if the Magistrate finds no sufficient ground after examining the complainant and witnesses, the complaint can be dismissed or not proceeded with.
Is the complainant required to appear in person for examination?
Generally, the complainant must appear for examination under oath, but in some cases, written statements or evidence may be considered as per the Magistrate’s discretion.