Legal Question in Criminal Law in India

Criminal Complaint
It is mandatory for a magistrate to
record proper verification under
Sec.200 of Cr.P.C. before issuing
process. Against the process, one
can go to High Court under Sec.482
which normally remits the case back
to the magistrate with a direction
to record the statement. In other
words, the accused goes back to
square one.
My query is simply this. If the
magistrate convicts the accused
without following Sec.200, what is
the position in law. If the accused
in appeal to the HC, what will
happen? Remit the case back to
magistrate to follow sec.200 and
retrial?

Asked on 4/26/09, 1:09 am

4 Answers from Attorneys

Pranav Desai PD Legal & Associates

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Re: Criminal Complaint

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Answered on 4/28/09, 3:30 am

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Sunil Goel S.G. SOLICITORS

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Re: Criminal Complaint

No. You must appreciate that purpose of Section 200 CrPC is to record statement of complainant for the purposes of summoning the accused. If the Magistrate summons the accused without recording statement under Section 200, it really does not matter much as the accused has a right and opportunity to prove his innocence by cross-examining the complainaant and complainant's witnesses, if any and by producing his own witnesses. If he is able to lead a good defence during trial but still the judge convict him, then he can file an appeal to the higher court and again show and argue the strength of his defence. The point that the judge summoned the accused without following prodcedure laid down under Section 200 can not be taken in appeal after the judge has convicted the accused. The accused, if he really want to take up this point, though at the cost of prolongation of case, has to take it at the earliest opportunity by challenging the summoning order at the initial stage itself.

Answered on 4/29/09, 8:41 am

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