Examination of complainant
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Summary
When a magistrate takes cognizance on a complaint, they must examine the complainant and any witnesses on oath, record the substance in writing, and have it signed by the complainant, the witnesses and the magistrate. If the complaint is written and made by a public servant or by a court, or if the magistrate hands the case to another magistrate under section 192, oral examination is not required. If the first magistrate examined them before transfer, the second need not re-examine.
Example
Priya files a complaint with the Magistrate that a tenant damaged her shop. The Magistrate examines Priya and two witnesses on oath, writes down the substance of their statements and gets all of them to sign the record. Later the Magistrate transfers the case under section 192 to another Magistrate; that second Magistrate need not re-examine them.
Bare Act
Enacted textA 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,
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(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
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(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.
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