How are complaints to magistrates handled, and what is the process to compel appearance?

Introduction

The criminal justice process in India begins not just with police reports, but also with private complaints filed directly before a Magistrate. This procedure empowers citizens to seek justice when law enforcement fails to act or when offences fall outside police cognizance. The Code of Criminal Procedure, 1973 (CrPC), particularly Sections 200 to 203, outlines how Magistrates handle complaints. Additionally, Sections 204 to 210 explain how courts compel the appearance of accused persons, ensuring that proceedings do not stall.

This essay explains the legal procedure, judicial safeguards, and methods used to compel appearance in criminal complaints before Magistrates.

Meaning of Complaint

As per Section 2(d) of the CrPC:

“Complaint” means any allegation made orally or in writing to a Magistrate, with a view to his taking action under this Code, that some person has committed an offence.

• It does not include a police report, though a report by police in non-cognizable cases can be treated as a complaint.

Legal Provisions: Handling Complaints by Magistrates (Sections 200 to 203 CrPC)

Section 200 – Examination of Complainant

• When a complaint is made, the Magistrate examines the complainant and witnesses on oath.
• The statement is reduced to writing, signed by the complainant and Magistrate.
• This step ensures the genuineness and prima facie value of the complaint.

Exceptions:
No examination required if:

• Complaint is made by a public servant acting in official capacity
• The Magistrate transfers the case under Section 192

Section 201 – Procedure When Complaint Is Made to the Wrong Magistrate

If a Magistrate lacks jurisdiction:

• If the complaint is in writing, it is returned for presentation to the proper Magistrate.
• If the complaint is oral, it is directed to be presented elsewhere.

Section 202 – Postponement of Issue of Process

The Magistrate may postpone issuance of process and:

• Conduct an inquiry himself, or
• Direct an investigation by police or other person

This ensures frivolous or malicious complaints are filtered before trial begins.

The Magistrate must inquire further when:

• The accused resides in another jurisdiction
• The case involves complex facts or documents

Section 203 – Dismissal of Complaint

The Magistrate may dismiss the complaint if:

• After considering the statement under Section 200
• And results of inquiry/investigation under Section 202
• He finds no sufficient ground to proceed

The Magistrate must record brief reasons for dismissal.

Summary Table: Complaint Handling Procedure

Section	Provision	Action Taken
200	Examination of complainant	On oath, in writing, unless exempted
201	Complaint to wrong Magistrate	Returned or redirected
202	Inquiry or investigation	By Magistrate or police, before process issued
203	Dismissal of complaint	If no prima facie case made out

How is Appearance of the Accused Compelled? (Sections 204 to 210 CrPC)

Once the Magistrate is satisfied there is a case to proceed, he may issue process to secure the presence of the accused.

Section 204 – Issue of Process

If a prima facie case exists:

• The Magistrate issues a summons or warrant to secure the accused’s appearance
• Summons for minor offences, warrant for serious offences
• No process shall be issued unless all necessary documents are filed, such as list of witnesses, fee for service, etc.

Section 205 – Magistrate May Dispense with Personal Attendance

• Magistrate may allow the accused to appear through pleader, especially for minor offences
• But may order personal attendance at any time

Section 206 – Special Summons in Petty Cases

• For petty offences, summons may be issued with an option to plead guilty and pay fine by post
• This avoids unnecessary burden on court and accused

Section 207 – Supply of Copies to the Accused

• The accused is entitled to copies of police report, FIR, statements, and documents
• Ensures a fair trial and right to defence

Section 208 – Supply of Copies in Cases Triable by Court of Session

• In cases triable by Sessions Court, the Magistrate must ensure the accused receives copies of statements, documents, and confessions

Section 209 – Commitment of Case to Sessions Court

• After supplying documents, the Magistrate commits the case to the Court of Session for trial
• This applies to serious offences like murder, rape, dacoity

Section 210 – Procedure When Parallel Investigations Exist

• If a police investigation is already underway, the Magistrate must stay proceedings until investigation concludes
• Prevents duplicate investigations or parallel proceedings

Judicial Interpretations

Mohinder Singh v. Gulwant Singh (AIR 1992 SC 1394)

Held that the Magistrate has discretion to inquire under Section 202, especially if the accused is from outside jurisdiction.

Nupur Talwar v. CBI (2012)

Supreme Court emphasized that dismissal under Section 203 must be based on application of judicial mind — not mechanical.

Pepsi Foods Ltd. v. Special Judicial Magistrate (1998)

Held that issuing process under Section 204 is a serious matter and not a routine formality. The Magistrate must apply judicial mind.

Flowchart: Complaint to Appearance Process

1. Complaint filed (Sec 200)
   ↓
2. Examination of complainant
   ↓
3. Inquiry or investigation (Sec 202)
   ↓
4. Dismissal (Sec 203) OR Issue of process (Sec 204)
   ↓
5. Summons/Warrant issued
   ↓
6. Appearance of accused
   ↓
7. Supply of documents (Sec 207/208)
   ↓
8. Commitment to Sessions Court (Sec 209), if applicable