Professional Documents
Culture Documents
MAGISTRATE
(Ss.204 – 210)
1
A copy of the complaint shall be sent along with the warrant or summons issued to the
accused.
In case such copy of complaint is not provided to the accused, it shall not vitiate the trial.
Such copy can be provided even before the proceedings actually start.
Scope
By virtue of Sec. 205 the Magistrate is empowered to dispense with the requirement of
personal attendance of the accused.
It is only applicable to cases in which summons are issued.
In case a warrant is issued to the accused, his attendance cannot be dispensed with.
The personal attendance of the accused is the general rule and exemption may be granted
in suitable cases.
Such exemption cannot be claimed by a person as a matter of right.
2
Therefore, the only person who can appear in a case in which the personal attendance of
the accused is dispensed with is a pleader.
Any person against whom proceedings have been initiated has a right to legal
representation i.e., the right to be defended by a pleader.
Withdrawal of Exemption
When the personal appearance of the accused is initially dispensed with on valid reasons,
there can be no ground to withdraw the exemption unless there is a reasonable
apprehension of possible abscondence of the accused.
The Court may withdraw the exemption from personal hearing for reasons recorded in
writing.
3
The object of this section is to provide the accused an opportunity to know the charge
brought against him and the materials by which the charge is going to be substantiated.
In other words, it gives the accused adequate notice of the material which is going to be
used against him by the Prosecution.
It ensures that the accused is not prejudiced by any way.
The purpose of the provision is to ensure just and fair trial.
Furnishing of copies
This section imposes an obligation to supply copies of the statement of witnesses who are
intended to be examined at the trial to enable the accused to utilise them in the course of
cross examination to establish such defence as may be desired to put up and also to shake
the testimony of the witnesses.
4
SEC. 208 – SUPPLY OF COPIES OF STATEMENTS AND DOCUMENTS TO THE
ACCUSED IN OTHER CASES TRIABLE BY THE COURT OF SESSIONS.
This section provides for cases instituted otherwise than on a police report where the
Magistrate issuing process under section 204 id of the opinion that the case is triable
exclusively by a Court of Session.
In such case the following documents shall be furnished to the accused:
a) Statements recorded u/s. 200 or 202;
b) Statements and confessions, recorded u/s. 161 or 164.
c) The documents produced before the Magistrate on which the prosecution relies.
The same rule as contemplates qua the voluminous documents shall apply to documents
made available to the accused u/s. 208.
In case of non-compliance of the Sec. 208, the Court has to give specific findings as to
prejudice caused to the accused by such non furnishing of documents, in order for it to
have any vitiating effect on the trial.
5
SEC. 209 – COMMITMENT OF CASE TO COURT OF SESSION WHEN THE
OFFENCE IS TRIABLE EXCLUSIVELY BY IT.
Scope
When the accused appears before the Magistrate or his brought before him and it appears
that the offence committed by him is exclusively triable by the Court of Sessions, in such
circumstances Sec. 209 comes into operation.
The moment the Magistrate commits the case to the Court of Sessions u/s. 209 he
becomes functus officio.
Such committal proceedings are neither inquiry nor trial.
Object
The object of this section is twofold:
a) To prevent committal of cases where there is no reasonable ground for conviction.
b) To provide that no person shall be committed for trial without being acquainted with the
facts and circumstances of the offence impugned against him.
6
He shall examine the materials on record, and if on such examination he is satisfied that a
prime facie case exclusively triable by the Court of Sessions exists, the same shall be
committed to such Court.
In forming such opinion, the Magistrate is not to weigh the evidence and probabilities in
the case, he is not required to hear the accused.
Scope
This section comes into operation when the following two things are simultaneously
going on:
a) Private complaint is received by the Magistrate; and
b) Police is also investigating the same case.
In the aforementioned eventuality, the Magistrate who receives such private complaint
shall stay the proceedings before him until the Police investigation is over.
The provisions of Sec. 210 are mandatory.
Joint trial
A case instituted on a police report and a complaint case cannot be tried together.
Where offences are distinct and separate offences, joint trial was held impermissible.
Where the Magistrate does not take cognizance of an offence on a Police reprt he can
proceed with the complaint case.