AI Overview...

Section 202 Cr.P.C. - Purpose and Procedure Section 202 empowers Magistrates to conduct an inquiry before issuing process, primarily to ascertain the truth of the complaint and determine if there are sufficient grounds to proceed. The inquiry involves recording statements of the complainant and witnesses, and evaluating whether the allegations constitute an offence. The Magistrate must consider these statements along with the report of any investigation before proceeding ["Dilip Kumar VS Brajraj Shrivastava - Supreme Court"], ["Jugal Kishore Khetawat VS State of West Bengal - Calcutta"], ["Executive Officer, Nagar Palika Parishad, Balrampur Rakesh Kumar Jaiswal VS State Of U. P. - Allahabad"].
Mandatory Nature of Inquiry under Section 202(1) The inquiry under Section 202(1) is mandatory when the complaint involves allegations that require verification. The Magistrate is required to examine the complainant and witnesses personally, and record their statements in writing, to form an opinion about the case's prima facie merits. Failure to conduct this inquiry properly can lead to the quashing of summons or orders ["Dilip Kumar VS Brajraj Shrivastava - Supreme Court"], ["Jugal Kishore Khetawat VS State of West Bengal - Calcutta"], ["Rambharoas Chouhan S/o Late Shri Bhola Chouhan VS State Of Chhattisgarh through P. S. Chakradhar Nagar - Chhattisgarh"], ["Odi Jerang VS Nabajyoti Baruah - Supreme Court"].
Recording Statements and Application of Mind The Magistrate must record statements in a manner that reflects a conscious application of mind to the facts. The order passed should clearly indicate that the Magistrate is satisfied that the allegations constitute an offence based on the statements and inquiry report. This ensures transparency and adherence to procedural requirements ["Executive Officer, Nagar Palika Parishad, Balrampur Rakesh Kumar Jaiswal VS State Of U. P. - Allahabad"], ["Manuja Mythri, W/o. Sinto Thomas VS Adv. T. K. Ajan - Kerala"], ["Rambharoas Chouhan S/o Late Shri Bhola Chouhan VS State Of Chhattisgarh through P. S. Chakradhar Nagar - Chhattisgarh"].
Scope of Statements and Evidence Statements recorded under Sections 200 and 202 are admissible evidence and are crucial for assessing whether a prima facie case exists. The accused can also make statements, but these are not required to be on oath; they can give evidence or remain silent. The procedure must be followed strictly, and irregularities, such as making statements without oath, are not permissible ["PUNCHIHAMY v. SALOHAMY."], ["Manuja Mythri, W/o. Sinto Thomas VS Adv. T. K. Ajan - Kerala"], ["Odi Jerang VS Nabajyoti Baruah - Supreme Court"].
Jurisdiction and Inquiry When the complainant or witnesses reside outside the jurisdiction of the Magistrate, an inquiry under Section 202(1) is still necessary if the allegations pertain to the jurisdictional area. The Magistrate must ensure proper compliance with Section 202(1), including examining witnesses personally, before proceeding further ["Jugal Kishore Khetawat VS State of West Bengal - Calcutta"], ["Odi Jerang VS Nabajyoti Baruah - Supreme Court"].
Legal Consequences of Non-Compliance Non-compliance with the mandatory requirements of Section 202(1), such as failing to examine witnesses personally or not recording statements properly, can result in the quashing of proceedings or remand for proper inquiry. The courts emphasize the importance of substantial compliance and proper application of judicial mind ["Dilip Kumar VS Brajraj Shrivastava - Supreme Court"], ["Jugal Kishore Khetawat VS State of West Bengal - Calcutta"], ["Rambharoas Chouhan S/o Late Shri Bhola Chouhan VS State Of Chhattisgarh through P. S. Chakradhar Nagar - Chhattisgarh"].

Analysis and ConclusionAdding statements under Section 202 of the Cr.P.C. involves a mandatory inquiry process where the Magistrate personally examines the complainant and witnesses, records their statements in writing, and applies judicial scrutiny to determine the existence of a prima facie case. The procedure aims to prevent unwarranted proceedings and ensure that only cases with sufficient grounds proceed. Proper adherence to these procedural steps, including recording statements in a manner reflecting the Magistrate's application of mind, is essential for legality and fairness of the process. Failure to comply can lead to quashing or remand of cases, underscoring the importance of meticulous procedural compliance all references.

How to Add Statements Under Section 202 CrPC: A Comprehensive Guide

Navigating the Indian criminal justice system can be complex, especially when it comes to the initial stages of a complaint. One common query from complainants, accused persons, and legal practitioners is: How to Add Statements under 202 of CrPC? This section of the Code of Criminal Procedure (CrPC), 1973, plays a crucial role in determining whether a case merits further proceedings. In this guide, we'll break down the purpose, procedure, and key considerations, drawing from statutory provisions and judicial insights. Note: This is general information and not specific legal advice. Consult a qualified lawyer for your case.

Purpose of Section 202 Inquiry

Section 202 CrPC empowers a Magistrate to conduct a preliminary inquiry before issuing process against the accused. The primary aim is to ascertain if there are sufficient grounds to proceed, distinguishing it from a full trial. It helps filter frivolous complaints and ensures only cases with a prima facie basis advance. Mohinder Singh VS Gulwant Singh: Mohinder Pal - Supreme Court BIRLA CORPORATION LIMITED VS ADVENTZ INVESTMENTS AND HOLDINGS - Supreme Court Muhammed Basheer, Solo Arts, Advertising and Marketing VS State Of Kerala, Represented by the Public Prosecutor - Kerala

As explained, the inquiry is limited to ascertaining the truth or falsehood of the allegations made in the complaint. Mohinder Singh VS Gulwant Singh: Mohinder Pal - Supreme Court This step prevents abuse of process and upholds judicial efficiency.

Step-by-Step Procedure for Adding Statements

The process begins with the complaint filing and follows a structured path under Sections 200, 202, and beyond. Here's how statements are added:

Examination Under Section 200 CrPC: Upon receiving a complaint, the Magistrate examines the complainant and witnesses present on oath. Their statements form the initial record. BIRLA CORPORATION LIMITED VS ADVENTZ INVESTMENTS AND HOLDINGS - Supreme Court Muhammed Basheer, Solo Arts, Advertising and Marketing VS State Of Kerala, Represented by the Public Prosecutor - Kerala
Triggering Section 202 Inquiry: If the Magistrate isn't satisfied with Section 200 evidence or the accused resides outside their jurisdiction, an inquiry under Section 202 is initiated. This is mandatory in the latter case. Vishwakalyan Multistate Credit Co Op Society Ltd. VS Oneup Entertainment Private Limited - Supreme Court Muhammed Basheer, Solo Arts, Advertising and Marketing VS State Of Kerala, Represented by the Public Prosecutor - Kerala
Recording Statements During Inquiry: The Magistrate may summon and examine additional witnesses on oath, adding their statements to the record. During the Section 202 inquiry, the Magistrate may take evidence from witnesses on oath. Muhammed Basheer, Solo Arts, Advertising and Marketing VS State Of Kerala, Represented by the Public Prosecutor - Kerala
Evaluation and Decision: All statements—from Sections 200 and 202—are considered to check for sufficient grounds. If lacking, dismiss under Section 203; if present, issue process under Section 204. BIRLA CORPORATION LIMITED VS ADVENTZ INVESTMENTS AND HOLDINGS - Supreme Court Muhammed Basheer, Solo Arts, Advertising and Marketing VS State Of Kerala, Represented by the Public Prosecutor - Kerala

This procedure ensures a fair assessment without delving into guilt determination.

Key Considerations in Section 202 Proceedings

Several factors guide Magistrates:

Limited Scope: The inquiry checks for a prima facie case, not guilt. The inquiry under Section 202 is limited to determining whether a prima facie case exists, not whether the accused is guilty. Mohinder Singh VS Gulwant Singh: Mohinder Pal - Supreme Court BIRLA CORPORATION LIMITED VS ADVENTZ INVESTMENTS AND HOLDINGS - Supreme Court
No Role for Accused: The accused cannot participate or cross-examine at this stage. A. L. Abhilash, S/o. Appu Pillai VS State Of Kerala Represented By The Public Prosecutor, High Court, Ernakulam - Kerala Chandru Deo Singh VS Prokash Chandra Bose Alias Chabi Bose - Supreme Court
Mandatory When Accused Outside Jurisdiction: The inquiry under Section 202 is mandatory when the accused resides outside the Magistrate's jurisdiction. Vishwakalyan Multistate Credit Co Op Society Ltd. VS Oneup Entertainment Private Limited - Supreme Court Muhammed Basheer, Solo Arts, Advertising and Marketing VS State Of Kerala, Represented by the Public Prosecutor - Kerala
Dismissal or Process: No grounds lead to dismissal under Section 203; sufficient grounds trigger Section 204 summons. BIRLA CORPORATION LIMITED VS ADVENTZ INVESTMENTS AND HOLDINGS - Supreme Court Muhammed Basheer, Solo Arts, Advertising and Marketing VS State Of Kerala, Represented by the Public Prosecutor - Kerala

Failure to follow these can vitiate proceedings, as seen in cases where Magistrates bypassed inquiry.

Insights from Judicial Precedents

Courts have clarified Section 202's application through various rulings, emphasizing procedural adherence.

In one case, the High Court quashed summoning orders for not recording statements under Sections 200/202 or conducting inquiry, stressing reliance on case diary material over protest petitions. No statements under Section 200 of Cr.P.C. or inquiry under Section 202 of Cr.P.C. was made... without following the procedure given for complaint cases. Shyam Babu VS State of U. P. - 2020 Supreme(All) 138 The court referenced Minu Kumari v. State of Bihar (2006) 4 SCC 359, noting Magistrates may take cognizance under Section 190(1)(b) without full inquiry if police investigation suffices, but must apply judicial mind. Shyam Babu VS State of U. P. - 2020 Supreme(All) 138

Another ruling highlighted mandatory inquiry when accused reside outside jurisdiction, even in cheque bounce cases under NI Act. However, during the pendency of the proceeding the petitioner-accused claimed to be a resident of Ahmedabad... therefore Ld. Counsel... invoked the provisions of Section 202 CrPC. Pawan Kumar Agarwal VS State of West Bengal Yet, procedural lapses without prejudice may be directory. Pawan Kumar Agarwal VS State of West Bengal

In forgery allegations, dispensing with Section 202 inquiry was held against the law's mandate. The learned Magistrate acted against the mandate of law in dispensing with the inquiry as envisaged under Section 202(1) of the CrPC. Padam Chand Garg VS State of Bihar - 2016 Supreme(Pat) 114

Statements under Section 202 can reveal contradictions, impacting credibility. There is contradiction in the statements given under Section 161 Cr.P.C., and under Section 202 Cr.P.C. Kartar VS State of Rajasthan - 2013 Supreme(Raj) 900

For admissibility, statements must be properly recorded and admitted. The accused himself said that he had made a full statement, and that he had nothing to add. The Magistrate thereupon read the statement to him, and he admitted that it was correctly recorded. KING v. MUDIANSE

These cases underscore: There must be sufficient indication in the order passed by the Magistrate that he is satisfied that the allegations in the complaint constitute an offence and when considered along with the statements recorded and the result of inquiry or report of investigation under S.202 of CrPC. MANUJA MYTHRI vs ADV.T.K.AJAN - 2024 Supreme(Online)(KER) 46423 MANUJA MYTHRI Versus ADV.T.K.AJAN - 2024 Supreme(Online)(KER) 5669

Practical Tips and Common Pitfalls

For Complainants: Ensure detailed statements under Section 200; request inquiry if needed.
For Accused: Challenge via revision if procedure flawed, but note limited intervention scope.
Pitfalls: Skipping mandatory inquiry or relying on extraneous material can lead to quashing. Shyam Babu VS State of U. P. - 2020 Supreme(All) 138

In NI Act cases, strict Section 202 enforcement may not always apply due to expeditious disposal needs. Enquiry as envisaged under amended provisions of Section 202, Cr.P.C may not necessarily be insisted upon in those cases tried under N.I. Act where accused person resides outside jurisdiction. Piyush Bharat Saini VS Paras Gupta

Conclusion and Key Takeaways

Adding statements under Section 202 CrPC is integral to a just preliminary assessment. Magistrates must examine, inquire, record, and judiciously decide, balancing complainant rights with preventing harassment. Key takeaways:- Inquiry is discretionary but mandatory for out-of-jurisdiction accused. Vishwakalyan Multistate Credit Co Op Society Ltd. VS Oneup Entertainment Private Limited - Supreme Court- Focus on prima facie case only. Mohinder Singh VS Gulwant Singh: Mohinder Pal - Supreme Court- Procedural compliance is vital; lapses invite judicial scrutiny. Shyam Babu VS State of U. P. - 2020 Supreme(All) 138

This process safeguards the system. For tailored advice, approach a legal expert. Stay informed on CrPC updates for better navigation.

#CrPC202, #LegalInquiry, #MagistrateProcedure

Jugal Kishore Khetawat VS State of West Bengal - 2023 Supreme(Cal) 123

Section 202 Cr.P.C. lays down:- “202. Postponement of issue of process. ... If, after considering the statements recorded under Section 200 Cr.P.C and the result of the inquiry or investigation under Section 202 Cr.P.C, the Magistrate is of the opinion that there is no sufficient ground for proceeding, he should dismiss the complaint, after briefly recording the reasons....

Executive Officer, Nagar Palika Parishad, Balrampur Rakesh Kumar Jaiswal VS State Of U. P. - 2024 Supreme(All) 578

The Magistrate after recording statement of the complainant under Section 200 Cr.P.C. has recorded statements of two witnesses of the complaint under Section 202 Cr.P.C., who stated that they were accompanying the complainant at the time of the incident. ... Thereafter statement of the complainant was recorded under Section 200 Cr.P.C. on 27.09.2021 and statements under Section #HL_START....

PUNCHIHAMY v. SALOHAMY.

They " elect to make statements. " Duly warned, first accused makes a statement. Second and " third accused have nothing to add to it." The accused called only one witness. ... Now there is nothing in the Criminal Procedure Code about accused persons on their trial making statements not upon oath, and now that accused persons can give evidence on their own behalf they must either do that or keep silence. ... betwee....

Manuja Mythri, W/o. Sinto Thomas VS Adv. T. K. Ajan - 2024 Supreme(Ker) 138

That video was based on various books and publications by different authors, and she did not add anything more, on her own. ... There must be sufficient indication in the order passed by the Magistrate that he is satisfied that the allegations in the complaint constitute an offence and when considered along with the statements recorded and the result of inquiry or report of investigation under S.202 of CrPC, if any, the ac....

Rambharoas Chouhan S/o Late Shri Bhola Chouhan VS State Of Chhattisgarh through P. S. Chakradhar Nagar - 2023 Supreme(Chh) 596

recorded under section 200 or section 202, of all persons examined by the Magistrate; 1. ... Section 208 of Cr.P.C. reads as under:- “Supply of copies of statements and documents to accused in other cases triable by Court of Session. ... Learned counsel appearing for the petitioner would submit that according to the provisions of Section 207 of the Cr.P.C., the concerned Magistrate is under obligation to supply the #HL_ST....

KING v. MUDIANSE

I have nothing further to add." ... I am of opinion that the statements are admissible in evidence. ... The accused himself said that he had made a full statement, and that he had nothing to add. The Magistrate thereupon read the statement to him, and he admitted that it was correctly recorded. ... Statutory statement under s. 155, Criminal Procedure Code ? Statement of accused read over to him and admitted to be co....

Odi Jerang VS Nabajyoti Baruah - 2023 Supreme(SC) 1790

As the mandatory requirement of sub section 1 of Section 202 of the CRPC was not followed, the High Court proceeded to quash the order issuing summons and remanded the complaint to the learned Magistrate to deal with the same from the stage of Section 202 of the CRPC. ... of the CRPC is mandatory. ... At that stage, the respondents-accused raised an objection on the ground that though some of the accused ....

MANUJA MYTHRI vs ADV.T.K.AJAN - 2024 Supreme(Online)(KER) 46423

There must be sufficient indication in the order passed by the Magistrate that he is satisfied that the allegations in the complaint constitute an offence and when considered along with the statements recorded and the result of inquiry or report of investigation under S.202 of CrPC, if any, the accused ... That video was based on various books and publications by different authors, and she did not add anything more, on her....

MANUJA MYTHRI Versus ADV.T.K.AJAN - 2024 Supreme(Online)(KER) 5669

There must be sufficient indication in the order passed by the Magistrate that he is satisfied that the allegations in the complaint constitute an offence and when considered along with the statements recorded and the result of inquiry or report of investigation under S.202 of CrPC, if any, the accused ... That video was based on various books and publications by different authors, and she did not add anything more, on her....

Shyam Babu VS State of U. P. - 2020 Supreme(All) 138

No statements under Section 200 of Cr.P.C. or inquiry under Section 202 of Cr.P.C. was made. On the basis of these documents, order dated 28.8.2012, was passed by Judicial Magistrate, Chibramau, District Kannauj, wherein, final report was rejected and applicants were summoned for offences punishable under Sections 419, 420, 467, 468, 471 I.P.C. Rather, summoning was passed, on the basis of documents, filed with protest petition. Hence, without following the procedure given fo....

Padam Chand Garg VS State of Bihar - 2016 Supreme(Pat) 114

In this regard, before proceeding further, it would be pertinent to reproduce Sections 202-204 of the CrPC as under:- “202. Postponement of issue of process (1) Any Magistrate, on receipt of a complaint of an offence of which he is authorised to take cognizance or which has been made over to him under section 192, may, if he thinks fit, and shall, in a case where the accused is residing at a place beyond the area in which he exercises his jurisdiction, postpone the issue of p....

Pawan Kumar Agarwal VS State of West Bengal

However, during the pendency of the proceeding the petitioner-accused claimed to be a resident of Ahmedabad in the State of Gujarat and therefore Ld. Counsel for the petitioner has invoked the provisions of Section 202 CrPC qua his client. At the very outset Section 202 CrPC needs to be reproduced:- “202. (1) Any Magistrate, on receipt of a complaint of an offence of which he is authorised to take cognizance or which has been made over to him under section 192, may, if he thi....

Piyush Bharat Saini VS Paras Gupta

The amended Section 202 Cr.P.C. reads as under: “202. Postponement of issue of process—(l) Any Magistrate, on receipt of a complaint of an offence of which he is authorised to take cognizance or which has been made over to him under Section 192, may, if he thinks fit, [and shall, in a case where the accused is residing at a place beyond the area in which he exercises his jurisdiction] postpone the issue of process against the accused, and either enquire into the case himself ....

Kartar VS State of Rajasthan - 2013 Supreme(Raj) 900

Similarly, even Manoj does not allege any assault committed by the petitioners upon the deceased. But in his statement recorded under Section 202 Cr.P.C., he makes such a claim. Thus, there is contradiction in the statements given under Section 161 Cr.P.C., and under Section 202 Cr.P.C. It is only in his statement recorded under Section 202 Cr.P.C. that he claims to have done so.