THE CODE OF CRIMINAL PROCEDURE, 1898
(V OF 1898)
[22nd March, 1898]
An Act to consolidate and amend the law
relating to the Criminal Procedure
OF COMPLAINTS TO
MAGISTRATE
200. Examination of complainant. A Magistrate
taking cognizance of an offence on complaint shall at once examine the
complainant upon oath, and the substance of the examination shall be reduced to
writing and shall be signed by the complainant, and also by the Magistrate:
Provided as follows:--
(a) when
the complaint is made in writing, nothing herein contained shall be deemed to
require a Magistrate to examine the complainant before transferring the case
under Section 192, [1][or sending it to the Court of Session];
[2][(aa) when the complaint is made in writing nothing
herein contained shall be deemed to require the examination of a complainant in
any case in which the complainant has been made by a Court or by a public
servant acting or purporting to act in the discharge of his official duties;]
(b) [3][....]
(c) when
the case has been transferred under Section 192 and the Magistrate so
transferring it has already examined the complainant, Magistrate to whom it is
so transferred shall not be bound to re-examine the complainant.
(i) In sub-section (1), re-numbered as
aforesaid, in the proviso, after clause (aa), the following clause (b) shall be
inserted, namely:-
“(b) Where a complainant is a Court or a public
servant, the Court or a public servant, as the case may be, shall not be liable
to adjournment costs under sub-section (2);”
(ii) after sub-section (1), amended as
aforesaid, the following new sub-section shall be added, namely:-
(2) Subject to provisions of section 344, if
on the date fixed for hearing in any proceedings, a party to a case or any
other person, despite service of notice, fails to appear or comply with any
order of the Court or mandatory provision of the Code or any other law for the
time being in force, seeks an adjournment for such purpose, the Court may, for
sufficient cause and reasons to be recorded, grant such adjournment on the
condition that such party or person shall pay to the other party, adjournment
costs which shall not be less than ten thousand rupees per adjournment or such
higher amount as may be prescribed from time to time.