Answer By law4u team
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 225: 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 212, 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 inquire into the case himself or direct an investigation to be made by a police officer or by such other person as he thinks fit, for the purpose of deciding whether or not there is sufficient ground for proceeding: Provided that no such direction for investigation shall be made— (a) where it appears to the Magistrate that the offence complained of is triable exclusively by the Court of Session; or (b) where the complaint has not been made by a Court, unless the complainant and the witnesses present (if any) have been examined on oath under section 223.
(2) In an inquiry under sub-section (1), the Magistrate may, if he thinks fit, take evidence of witnesses on oath: Provided that if it appears to the Magistrate that the offence complained of is triable exclusively by the Court of Session, he shall call upon the complainant to produce all his witnesses and examine them on oath.
(3) If an investigation under sub-section (1) is made by a person not being a police officer, he shall have for that investigation all the powers conferred by this Sanhita on an officer in-charge of a police station except the power to arrest without warrant.
Brefe Detail
This section outlines the procedure for a Magistrate regarding the postponement of issuing process against an accused upon receiving a complaint. It specifies conditions under which the Magistrate can postpone the process, direct investigations, and examine witnesses.
Question & Answers
Q1: Under what conditions can a Magistrate postpone the issue of process?
A1: A Magistrate can postpone the issue of process if he thinks fit, and must do so if the accused resides outside his jurisdiction.
Q2: Can a Magistrate direct an investigation?
A2: Yes, a Magistrate may direct an investigation by a police officer or another person if deemed necessary.
Q3: What should the Magistrate do if the offence is triable exclusively by the Court of Session?
A3: The Magistrate cannot direct an investigation in such cases.
Q4: What powers does a person conducting an investigation (not a police officer) have?
A4: They have all powers conferred by the Sanhita on an officer in-charge of a police station, except the power to arrest without a warrant.
Example
1. If a complaint of theft is filed and the accused lives in another state, the Magistrate may postpone the process and order a police investigation.
2. If the complaint involves a serious offence that can only be tried in the Court of Session, the Magistrate will not direct an investigation until witnesses are examined.
Summary
Section 225 of the Bharatiya Nagarik Suraksha Sanhita, 2023, details the authority of a Magistrate in postponing the issue of process for a complaint, the conditions for investigations, and the powers granted to those conducting such investigations. It emphasizes the need for jurisdiction and proper examination of witnesses before proceeding.
