Section 200 CrPC requires a Magistrate, on taking cognizance of an offence on complaint, to:
Answer & Solution
Correct answer: B.
1. Section 200 CrPC: '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.'
2. Two provisos: (i) examination not required when the complaint is filed by a public servant in discharge of duties or a court; (ii) examination not required when the Magistrate transfers the case under Section 192 to another Magistrate (then the latter examines).
3. Section 202 then permits the Magistrate to postpone issue of process for inquiry / police investigation.
4. Section 203 allows dismissal of a frivolous complaint after Section 200/202 process.
5. Hence option B is correct.
_Source: Indian Penal Code 1860 / Code of Criminal Procedure 1973 / Indian Evidence Act 1872 (Bare Acts, indiacode.nic.in) — CrPC, Section 200_
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