CrPC Section 204 — Issue of process

CHAPTER XVI COMMENCEMENT OF PROCEEDINGS BEFORE MAGISTRATES

General

Summary

Sub-section (1) applies when the Magistrate taking cognizance considers there is sufficient ground to proceed. If the case appears to be (a) a summons-case, the Magistrate must issue a summons for the accused to attend; or (b) a warrant-case, the Magistrate may issue a warrant or, if the Magistrate thinks fit, a summons, to have the accused brought or appear at a specified time before that Magistrate or, if that Magistrate has no jurisdiction, another Magistrate who has jurisdiction.

Sub-section (2) says that no summons or warrant against the accused under sub-section (1) may be issued until a list of the prosecution witnesses has been filed.

Sub-section (3) applies to a proceeding started by a complaint made in writing. Every summons or warrant issued under sub-section (1) in that proceeding must be accompanied by a copy of the complaint.

Sub-section (4) applies when a law in force requires process-fees or other fees to be paid. No process may be issued until the fees are paid. If they are not paid within a reasonable time, the Magistrate may dismiss the complaint.

Sub-section (5) states that nothing in this section is to be treated as affecting the provisions of section 87.

Official Text

(1) If in the opinion of a Magistrate taking cognizance of an offence there is sufficient ground for proceeding, and the case appears to be—

(a) a summons-case, he shall issue his summons for the attendance of the accused, or

(b) a warrant-case, he may issue a warrant, or, if he thinks fit, a summons, for causing the accused to be brought or to appear at a certain time before such Magistrate or (if he has no jurisdiction himself) some other Magistrate having jurisdiction.

(2) No summons or warrant shall be issued against the accused under sub-section (1) until a list of the prosecution witnesses has been filed.

(3) In a proceeding instituted upon a complaint made in writing, every summons or warrant issued under sub-section (1) shall be accompanied by a copy of such complaint.

(4) When by any law for the time being in force any process-fees or other fees are payable, no process shall be issued until the fees are paid and, if such fees are not paid within a reasonable time, the Magistrate may dismiss the complaint.

(5) Nothing in this section shall be deemed to affect the provisions of section 87.

Sections referred to

Referred to by

Related Judgments

  • URMILA DEVI vs YUDHVIR SINGH — Supreme Court of India (2013)
  • ABHIJIT PAWAR vs HEMANT MADHUKAR NIMBALKAR & ANR — Supreme Court of India (2016)
  • MEHMOOD UL REHMAN vs KHAZIR MOHAMMAD TUNDA AND ORS — Supreme Court of India (2015)
  • RAJINDRA NATH MAHATO vs T. GANGULY, DY. SUPERINTENDENT & ANR — Supreme Court of India (1971)
  • TARSEM LAL vs DIRECTORATE OF ENFORCEMENT JALANDHAR ZONAL OFFICE — Supreme Court of India (2024)
  • NUPUR TALWAR vs CENTRAL BUREAU OF INVESTIGATION & ANR — Supreme Court of India (2012)

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