Code of Criminal Procedure, 1973 · Chapter XV: Complaints to Magistrates
Section 200: Examination of complainant
The Code of Criminal Procedure, 1973 was repealed and replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. It still applies to offences and proceedings from before that date.
A Magistrate taking cognizance of an offence on complaint shall examine upon oath the complainant and the witnesses present, if any, and the substance of such examination shall be reduced to writing and shall be signed by the complainant and the witnesses, and also by the Magistrate:
Provided that, when the complaint is made in writing, the Magistrate need not examine the complainant and the witnesses—
(a) if a public servant acting or purporting to act in the discharge of his official duties or a Court has made the complaint; or
(b) if the Magistrate makes over the case for inquiry or trial to another Magistrate under section 192:
Provided further that if the Magistrate makes over the case to another Magistrate under section 192 after examining the complainant and the witnesses, the latter Magistrate need not re-examine them.
Corresponding sections were matched by comparing the wording of both official texts, and for the IPC and BNS, also against a published correspondence table. Wording, punishments and structure often changed, so read both sections before relying on the match.
Source: India Code (Legislative Department), the text of the Act as it stood before its repeal. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.
Supreme Court judgments citing the section 200
-
Anil Khandelwal Etc. v. Phoenix India and Anr.
Whether the High Court erred in rejecting the quashing petition filed by the appellants-Officers of the Bank challenging the order passed by the Magistrate issuing process against them for the offences punishable…
-
Gurdeep Singh v. The State of Punjab
Issue arose whether the order of conviction and sentence of the appellant for the offences u/ss.307, 353, 332, 225, 186, and 120B IPC and s.25 of the Arms Act, 1959 by the courts below was legally sustainable.
-
Kallu Nat Alias Mayank Kumar Nagar v. State of U.P. and Anr.
Whether the Court of Session, without itself recording evidence, can summon a person to stand trial in exercise of its powers u/s.193, Code of Criminal Procedure, 1973 as an accused (along with others committed to it by…
-
Urmila Devi & Others v. Balram & Another
Issue arose as regards correctness of the impugned order passed by the High Court dismissing the application filed by the appellants u/s.482 CrPC to quash the complaint u/ss.419, 420, 467, 468 and 471 IPC pending before…
-
S.N. Vijaylakshmi & Ors. v. State of Karnataka & Anr.
Whether any criminal offence in the background of the factual position is made out to justify criminal proceedings against the appellants and whether the same should proceed; whether on the same cause of action, based…
-
Chirag Sen and Another Etc. v. State of Karnataka and Another
Issue arose as regards the correctness of the order passed by the High Court declining to quash the criminal proceedings initiated against the appellants-accused on the allegations relating to falsification of birth…
-
Bansal Milk Chilling Centre v. Rana Milk Food Private Ltd. & Anr.
When can amendments to complaints be allowed after cognizance is taken; whether on facts, any prejudice would be caused to the accused-respondents if the amendment to the complaint, as prayed, is allowed.
-
Dhanasingh Prabhu v. Chandrasekar & Another
Whether the High Court was right in dismissing the complaint on the ground that the name of the partnership firm was not mentioned in the statutory notice issued by the appellant/complainant to the respondents u/s.138…
-
M/s Balaji Traders v. The State of U.P. & Anr.
Whether the High Court was justified in observing that since no offence of extortion u/s.383 IPC is made out, consequently, no offence u/s.387 IPC would be made out.
-
Shaurabh Kumar Tripathi v. Vidhi Rawal
Whether the High Court can invoke its inherent jurisdiction u/s.482, Criminal Procedure Code, 1973 or s.528, Bharatiya Nagarik Suraksha Sanhita, 2023 to quash proceedings initiated u/s.12, Protection of Women from…
-
Kushal Kumar Agarwal v. Directorate of Enforcement
An opportunity of being heard was not given by the Special Judge to the appellant-accused before taking cognizance of the offence on the complaint. Whether opportunity of being heard is required in terms of the proviso…
-
Ramachandraiah & Anr. v. M. Manjula & Ors.
Whether in the facts and circumstances of the case, the High Court was justified in directing for investigation by the CBI.
-
S.C. Garg v. State of Uttar Pradesh & Anr.
The appellant’s petition u/s.482 of the Criminal Procedure Code, 1973 seeking quashment of Criminal Case No. 7489 of 2002 pending on the file of Chief Judicial Magistrate for offences u/s.420 of the Penal Code, 1860 was…
-
M/s Celestium Financial v. A. Gnanasekaran Etc.
Issue arose as regards the maintainability of an appeal under proviso to s.372 CrPC against order of acquittal in a case instituted upon a private complaint u/s.138 Negotiable Instruments Act, by treating the…
-
Satbir Singh v. Rajesh Kumar and Others
Matter pertains to the correctness of the order passed by the High Court whereby it set aside the order of the trial court summoning respondents as additional accused for facing trial along with the principal accused.
-
Rekha Sharad Ushir v. Saptashrungi Mahila Nagari Sahkari Patsansta Ltd.
Whether the complaint filed by the respondent-Credit Co-operative Society under Section 138 of the Negotiable Instruments Act, 1881 for dishonour of a cheque allegedly issued by the appellant in favour of the…
-
Jaideep Bose v. M/S Bid and Hammer Auctioneers Private Limited
Whether the High Court was justified in dismissing the petition filed by the appellants challenging the initiation of the criminal proceedings against them for the offences u/ss.499 and 500 IPC.
-
Om Prakash Ambadkar v. The State of Maharashtra & Ors.
Magistrate passed an order under Section 156(3), Code of the Criminal Procedure, 1973 directing registration of FIR against the appellant-accused for the offences punishable under Sections 323, 294, 500, 504 & 506,…
-
Sanjay Dutt & Ors. v. The State of Haryana & Anr.
According to the Range Forest Officer, the appellants (director and office bearers of the company) had illegally uprooted trees with JCB, destroyed them, and violated the section 4 of the Punjab Land Preservation Act,…
-
M/s Naresh Potteries v. M/s Aarti Industries and Another
Issue arose as regards whether the complaint filed by the appellant u/s. 138 of the Negotiable Instruments Act, 1881 is in accordance with the requirement u/s.142 of the NI Act.
-
Rinku Baheti v. Sandesh Sharda
Issue arose whether the petitioner-wife is entitled to the transfer of the divorce petition; and whether this Court, upon the application filed by the respondent-husband, can exercise its powers u/Art. 142(1) of the…
-
Gurmeet Kaur v. Devender Gupta & Another
Issue arose whether the appellant while discharging her duty as a public servant on the relevant date, there was any excess in the discharge of the said duty which did not require the first respondent to take a prior…
-
Subrata Choudhury @ Santosh Choudhury & Ors. v. The State of Assam & Anr.
Whether after the acceptance of a negative Final Report in the first complaint, upon considering the written objections/protest petition and hearing the complainant, a fresh/second complaint on the same set of facts is…
-
Raghuveer Sharan v. District Sahakari Krishi Gramin Vikas Bank & Anr.
Whether in the facts and circumstances of the case, the appellant is entitled for protection under Section 132 of the Evidence Act, 1872 as his statement was recorded earlier at the pre-summoning stage as a witness for…
-
Abhishek Banerjee & Anr. v. Directorate of Enforcement
Matter pertains to seeking quashing of the summons issued to the appellants by the Enforcement Directorate, seeking their personal appearance in New Delhi with the documents sought for, pertaining to the FIR registered…
-
Delhi Race Club (1940) Ltd. & Ors. v. State of Uttar Pradesh & Anr.
High Court, if justified in declining to quash and set aside the summoning order passed by the Magistrate, against the appellants-company and its office bearers, for offence punishable u/ss. 406 and 420 IPC.
-
Basamsetti Rama Devi v. The State of A.P. & Ors.
In cases relating to quashing of criminal complaint against the accused police officers-respondents in matters of custodial death, whether the High Court was justified in setting aside the committal order and…
-
Sri Dattatraya v. Sharanappa
Whether the High Court had rightly affirmed the acquittal of the respondent in a complaint case moved for the offence punishable u/s. 138 of the Negotiable Instruments Act, 1881 by its judgment dated 03.03.2023.
-
Tusharbhai Rajnikantbhai Shah v. Kamal Dayani & Ors.
Accused-petitioner was granted absolute interim protection of anticipatory bail by Supreme Court, until modified or altered upon final disposal of the present SLP which was pending consideration before this Court.…
-
National Housing Bank v. Bherudan Dugar Housing Finance Ltd. & Ors. Etc.
On a complaint filed u/s. 200 CrPC, wherein the Magistrate took cognizance of the complaint for the offence u/s. 29A (i) read with s. 50 and punishable u/s. 49 (2A) of the 1987 Act against the first respondent-company,…
-
Baba Natarajan Prasad v. M. Revathi
Whether the High Court had shown undeserving leniency and sympathy to accused Nos.1 and 2 by sentencing them to undergo imprisonment till the rising of the court and to pay a fine of Rs.20,000/- each, even after finding…
-
Vinod Jaswantray Vyas (Dead) Through Lrs v. The State of Gujarat
The instant appeal is directed against the judgment dated 13.02.2017 passed by the Division Bench of the High Court, whereby, the Division Bench partly accepted the appeal preferred by the appellant accused-A1 and…
-
Sardar Ravi Inder Singh & Anr. v. State of Jharkhand & Anr.
High Court whether erred in dismissing the writ petition filed by the appellants for quashing the complaint filed by the second respondent stating that the contentions raised were rejected in an earlier criminal…
-
Tarsem Lal v. Directorate of Enforcement Jalandhar Zonal Office
(a) Whether the complaint filed u/s.44(1)(b) of Prevention of Money Laundering Act, 2002 will be governed by sections 200 to 205 of the CrPC; (b) If the accused was not arrested by the ED till the filing of the…
-
Insolvency and Bankruptcy Board of India v. Satyanarayan Bankatlal Malu & Ors.
Special Court under the Insolvency and Bankruptcy Code, 2016 would be as provided u/s. 435 of the Companies Act as it existed at the time when the Code came into effect, or it would be as provided u/s.435 after the 2018…
-
Mukhtar Zaidi v. The State of Uttar Pradesh & Anr.
Whether CJM as also the High Court fell in error in taking cognizance u/s. 190(1)(b) Cr.P.C. inasmuch as the CJM had relied upon not only the Protest Petition which was supported by affidavit of the complainant but also…
-
Yash Tuteja & Anr. v. Union of India & Ors
The issue for consideration was a challenge to the Complaint filed by the Directorate of Enforcement under Section 44(1)(b) of the Prevention of Money Laundering Act, 2002, mainly on the ground that apart from s. 120B…
-
M/S Iveco Magirus Brandschutztechnik Gmbh v. Nirmal Kishore Bhartiya & Anr
(i) Whether, while considering a private complaint alleging defamation, the Magistrate before summoning the accused ought to confine himself to the allegations forming par t of the petition only or he may, applying his…
-
Pankaj Bansal v. Union of India & Ors.
Whether the arrest of the appellants u/s. 19 of the Prevention of Money Laundering Act, 2002 was valid; whether there was proper compliance with s.19(1) of the Act of 2002 and as to whether the Vacation Judge/Additional…
-
Zunaid v. State of Up. & Ors.
CJM rejected the final report submitted by the investigating officer and accepted the Protest Petition as the Complaint Case, whether the course opted by the CJM was just, legal and proper in the facts and circumstances…
- Yashodhan Singh & Ors. v. The State of Uttar
- Kailash Vijayvargiya v. Rajlakshmi Chaudhuri
- Prakash Aggarwal v. Ganesh Benzoplast Limited
- Shri Sukhbir Singh Badal v. Balwant Singh Khera
- State Through Central Bureau of Investigation v. Hemendhra Reddy & Another. Etc.
- Cardinal Mar George Alencherry v. State of
- Ajay Kumar Radheyshyam Goenka v. Tourism
- Pawan Kumar Goel v. State of U. P. & Another
- Manoj Kumar Tiwari v. Manish Sisodia & Ors
- N. S. Madhanagopal & Anr. v. K. Lalitha
- M N G Bharateesh Reddy v. Ramesh Ranganathan and Another
- Wyeth Limited & Ors. v. State of Bihar & Anr.
- Xyz v. State of Madhya Pradesh & Ors
- Zakia Ahsan Jafri v. State of Gujarat & Anr.
- Satish Kumar Jatav v. The State of U.P. & Ors.
- Ramveer Upadhyay & Anr. v. State of U.P. & Anr.
- Kamatchi v. Lakshmi Narayanan
- Vijay Kumar Ghai & Ors. v. The State of West Bengal & Ors.
- Sri Narendra Kumar A. Baldota v. The State of Karnataka
- M/S Trl Krosaki Refractories Ltd v. M/S Sms Asia Private Limited & Anr.
- M/S Suvarna Cooperative Bank Ltd. v. State of Karnataka and Anr.
- K.S. Ranganatha v. Vittal Shetty
- Pradeep S. Wodeyar v. The State of Karnataka
- M/S Gimpex Private Limited v. Manoj Goel
- Ravindranatha Bajpe v. Mangalore Special Economic Zone Ltd. & Others Etc.
- Triyambak S. Hegde v. Sripad
- M/S Cheminova India Limited & Anr. v. State of Punjab and Ors.
- M/S. Supreme Bhiwandi Wada Manor Infrastructure Pvt. Ltd. v. The State of Maharashtra & Anr.
- Vinod Dua v. Union of India & Ors.
- Krishna Lal Chawla & Ors. v. State of U.P. & Anr.
- Kapil Agarwal and Others v. Sanjay Sharma and Others
- M/S. Kalamani Tex & Anr v. P. Balasubramanian
- Jayant Etc. v. The State of Madhya Pradesh
- Nisha Priya Bhatia v. Union of India & Anr.
- K. Virupaksha & Anr. v. The State of Karnataka & Anr.
- Ahmad Ali Quraishi and Anr. v. The State of Uttar Pradesh & Anr.
- Sardar Ali Khan v. The State of Uttar Pradesh Through Principal Secretary Home Department & Anr.
- State Rep. by the Inspector of Police v. M. Murugesan & Anr.
- Haribhai Malaviya and Ors. v. The State of Gujarat and Anr.
- Vishnu Kumar Tiwari v. State of Uttar Pradesh Through Secretary Home, Civil Secretariat Lucknow and Another
- Birla Corporation Limited v. Adventz Investments and Holdings Limited & Others
- Vikram Johar v. The State of Uttar Pradesh & Anr.
- State of Gujarat v. Afroz Mohammed Hasanfatta
- Priya Prakash Varrier and Others v. State of Telangana and Another
- P. Sreekumar v. State of Kerala & Ors.
- Rajendra Rajoriya v. Jagat Narain Thapak and Another
- Prabhu Dutt Tiwari v. The State of Uttar Pradesh & Ors.
- Monica Kumar & Anr. v. State of U.P. & Ors.
- K. Sltaram & Anr. v. Cfl Capital Financial Service Ltd. & Anr.
- Amrutbhai Shambhubhai .Patel v. Sumanbhai Kantibhai Patel & Ors.
- Hdfc Securities Ltd. & Ors. v. State of Maharashtra & Anr.
- Dhariwal Industries Ltd. v. Kishore Wadhwani & Ors.
- L. Narayana Swamy v. State of Karnataka & Ors.
- Securities and Exchange Board of India v. Gaurav Varshney & Anr.
- K.S. Joseph v. Philips Carbon Black Ltd. & Anr.
- Mr. Robert John D'Souza and Others v. Mr. Stephen v. Gomesandanother
- S.R. Sukumar v. S. Sunaad Raghuram
- Rajdeep Sardesai v. State of Andhra Pradesh & Ors.
- Mehmood Ul Rehman v. Khazir Mohammad Tunda and Ors.
- Mrs. Priyankasrivastavaandanother v. State of U.P.And Others