When a Magistrate takes cognizance of an offence on a **written compla…

Question

When a Magistrate takes cognizance of an offence on a **written complaint** made by a public servant in the discharge of his official duties:

Accepted Answer

D. {'text': 'The Magistrate need not examine the complainant and the witnesses before issuing summons or warrant of arrest', 'label': 'D'}

1. The lesson states that ordinarily a Magistrate taking cognizance on complaint examines the complainant and the witnesses on oath and reduces the substance to writing.
2. However, when the **complaint is in writing**, the Magistrate need not examine the complainant and the witnesses where: (a) **a public servant in the discharge of his official duties**, or a Court, has made the complaint; or (b) the Magistrate has made over the case for inquiry or trial to another Magistrate under Section 192.
3. Hence option (B) reflects the statutory exception.
4. The other options describe procedures not required by Sections 200-201.
_Source: ICSI CS Executive Paper 1 — Jurisprudence, Interpretation & General Laws, Lesson 10 (Code of Criminal Procedure, 1973), pp. 244-249._

Answer

{'text': 'The Magistrate must examine the complainant and all the witnesses on oath in the presence of the accused himself first', 'label': 'A'}

Answer

{'text': 'The Magistrate must dismiss the complaint on the same day if any witness fails to attend the first hearing of the case', 'label': 'B'}

Answer

{'text': 'The Magistrate must transfer the case immediately to the Court of Session without recording any evidence on file', 'label': 'C'}