Understanding the Exceptions of Section 200 CrPC: A Comprehensive Guide

Section 200 of the Code of Criminal Procedure (CrPC) deals with the examination of the complainant and witnesses by the Magistrate when taking cognizance of an offense upon complaint. However, there are certain exceptions to this provision, where the Magistrate is not required to examine the complainant and witnesses. These exceptions are as follows:

• If the complaint is made by a public servant acting or purporting to act in the discharge of his official duties or by a Court.
• If the Magistrate makes over the case for inquiry or trial to another Magistrate under Section 192.

In these two cases, the Magistrate is not required to examine the complainant and witnesses because the complaint is either made by a credible source or the case is being transferred to another Magistrate who will examine the complainant and witnesses.

In addition to the above exceptions, the Magistrate may also dispense with the examination of the complainant and witnesses if he is satisfied that the complaint is frivolous or vexatious, or if he is satisfied that the complaint does not disclose any offense.

It is important to note that the Magistrate has the discretion to examine the complainant and witnesses in any case, even if it falls within one of the exceptions. The Magistrate will exercise this discretion based on the facts and circumstances of each case.

Here are some examples of cases where the Magistrate may dispense with the examination of the complainant and witnesses:

• A public servant files a complaint alleging that a person has committed the offense of assault on a public servant.
• A court files a complaint alleging that a person has committed the offense of contempt of court.
• A Magistrate transfers a case to another Magistrate for inquiry or trial.
• A Magistrate receives a complaint that is clearly frivolous or vexatious.
• A Magistrate receives a complaint that does not disclose any offense.