Power to summon persons.

-Secs. 134-137.

134. An officer in charge of a Police-station may, by an order in writing, summon two or more persons as aforesaid for the purpose of the said investigation, and any other person who appears to be acquainted with the facts of the case. Any person so summoned shall be bound to attend and to answer all questions (other than questions which would criminate him).

If the facts do not disclose a cognizable offence to which Section 127 is applicable, such persons shall not be required by the Police Officer to attend a Magistrate's Court.

135. The nearest Magistrate duly authorized may hold Inquiry into cause of an inquiry into the cause of any such such death by nearest death either instead of or in addition to Magistrate. the investigation held by the Police Officer, and if he does so, he shall have all the powers in conducting it which he would have in holding an inquiry into an offence, although no specific charge has been made against any person. The Magistrate holding such an inquiry shall record the evidence taken upon it in any of the manners hereinafter prescribed, according to the circumstances of the case.

136. The powers to be exercised by an officer in charge Substitute for officer of a Police-station under this chapter shall in charge of Police- be exercised, in the event of his absence station during his from the station-house or illness, by the Police Officer next in rank present at the Police-station, above the rank of a constable.

absence or illness.

137. Officers of Police superior in rank to officers in Powers of superior charge of a Police-station may exercise the same powers throughout their local jurisdictions as may be exercised by officers

officers of Police.

Secs. 137-140.

in charge of Police stations within the limits of such stations.

Superintendent of

138. For the purposes of this Act, an Assistant District Assistant District Superintendent of Police may exercise any Police may exercise Powers of a District Superintendent of powers of District Police subject to the control of such Superintendent. District Superintendent of Police, or, in the absence of the District Superintendent of Police and the Assistant District Superintendent, the senior officer of Police on the spot may be directed by the Magistrate of the District to exercise the powers of a District Superintendent of Police.

PART IV.

OF PROCEEDINGS TO COMPEL APPEARANCE.

Processes.

CHAPTER XI.

OF COMPLAINTS TO A MAGISTRATE.

139. Proceedings to compel the appearance before a Magistrate of persons accused or suspected of offences, who have not been ⚫ arrested without warrant, may be by summons or by

warrant.

When summons or 140. A summons or a warrant may be warrant may be issued. issued-

(a.) Upon a report by the police under chapter X; but if the person complained of is already in custody, no complaint, summons or warrant is necessary.

(6.) Upon information or report by a Police Officer as to a non-cognizable offence. Such information or report shall be regarded as a complaint.

Secs. 140-142.

Any

(c.) Upon a complaint by a private person. person acquainted with the facts of a case may make a complaint.

(d.) Upon suspicion entertained by a Magistrate that an offence has been committed.

Section 14, Act XI of 1872, contains provisions for the requisition for extradition by the Executive of any part of British dominions or Foreign Power; and the second paragraph of that Section lays down the procedure to be followed by a Magistrate as to issuing a summons or warrant for the arrest of such person.

Who may entertain 141. The Magistrate of the District,

complaints.

Any Magistrate of a division of a District, or

Any Magistrate duly empowered in that behalf, in any case which he is competent to try or to commit for trial,

May entertain a complaint of an offence, whether preferred directly by the complainant, or on report of a Police Officer, and may issue process in the manner hereinafter prescribed to compel the appearance of persons accused of such offences.

Any Magistrate to whom any case is duly referred, by Effect of reference. any Magistrate duly empowered to make such reference, may dispose of such case. A complaint or a Police report gives jurisdiction to a Effect of complaint competent Magistrate to inquire into or try any offence covered by the facts com

or Police report.

plained of or reported, and also to try or commit for trial any person who, at the time when the complaint or report is made, or subsequently, appears to have committed the offence disclosed.

142. The Magistrate of the District,

Who may act with- Any Magistrate of a division of a District,

out complaint.

Or any Magistrate duly empowered in that behalf,

CHAP. XI.

CODE OF CRIMINAL PROCEDURE.

Sec. 142.

545

In any case in which he is competent to try or to commit for trial,

May, without any complaint, take cognizance of any offence which he suspects to have been committed, and may issue process in the manner hereinafter prescribed to compel the appearance before him of persons whom he suspects to have committed any such offence.

Complaint or sanc

cases.

Nothing in this or in the last preceding section shall be held to authorize a Magistrate to take tion required in certain cognizance of a case without complaint, when the offence falls under Chapters XIX, XX or XXI of the Indian Penal Code; nor to entertain a complaint, or to take cognizance without complaint, of an offence without sanction, where such offence, by any law in force, may not be entertained without sanction.

Without any Complaint, &c.—One of the points referred to the Law Commissioners was, that by this Section a Magistrate was empoweredbut his subordinate was not—to take cognizance, ex officio, without complaint, and without report, of any case, (not falling under certain exceptions) which may have come to his knowledge-ought the Magistrate to have power to refer to his subordinates a case of which he thinks proper to take cognizance without complaint and without report? H. M. Com's. answered in the affirmative. Vide 7th Report of 11th June, 1870.

A Magistrate may take cognizance of a case on the information of a third person, without any complaint of the injured party. Queen vs. Ram Nullem Neozee, C. R. VI., W. R. 3, a belief founded on private and anonymous information, is not "Knowledge," within the meaning of this Section, Queen vs. Kali Sirkar, B. L. R., IV 1. This Section applies only to cases in which the private individual injured or aggrieved does not come forward to make a formal complaint. This Section is intended to enable a Magistrate to see justice vindicated, notwithstanding that the person individually aggrieved are unwilling or unable to prosecute, even in such cases, the jurisdiction to arrest requires for its foundation knowledge of the fact of an offence having been committed, and that knowledge must be personal, or derived from testimony legally given. The report of the Police, or any statement short of an actual formal complaint, or of a statement made on oath is not sufficient in law to give a Magistrate jurisdiction to issue his warrant. The force of a warrant of

LSecs. 142-144.

arrest is at an end when the prisoner is brought before the Magistrate; and the prisoner cannot lawfully be committed to prison or remanded without sufficient grounds; and in the absence of evidence, there can be no grounds, Queen vs. Surenda Nath Roy, B. L. R., Vol. V, 274.

Without Sanction.-As a rule, only the Officer empowered to administer a special or local law, e. g. Stamp Law can institute proceedings for breach of such law, III., Bo. H. C., 35. An accused forfeited his bail by defaulting to put in an appearance, his security had to pay. The District Magistrate sanctioned accused's trial under Section 174, P. C., on the Deputy-Magistrate's application, held the Deputy Magistrate had no jurisdiction as the case had not been referred to him by the Magistrate on complaint preferred directly to the Magistrate, or on the report of a Police Officer: Tagemudee Lahore, B. L. R., 2. A Magistrate may enquire into any case of alleged oppression or injustice, but should such case turn out to be of a Civil nature, he should stop proceedings; Zemindar of Colgong, 1, W. R., 12.

How far Magistrates are Protected.-Neither Act XVIII of 1850 nor this section protect a Magistrate who has failed to act reasonably, carefully, and circumspectly in the discharge of his duties: Knayak Diookar vs. Bait Itcha, 3 Bo. R., 36. Act XVIII only protects Judicial Officers from being sued in respect of acts done by them in good faith in the discharge of their judicial functions. When a plaint is presented to a Judge, which complains of a wrongful act on the part of an Officer, the Judge is bound to receive the plaint and to leave it to the Defendant to plead Act XVIII of 1850: Vedkab Shrinivas vs. Armstrong, 3 Bo. R., 47.

Who may commit

for trial.

143. The Magistrate of the District,

Any Magistrate of a division of a District,

Any Magistrate of the first class, or,

Any Magistrate duly empowered in that behalf,

May commit any person to the Court of Sessions for any offence triable by such Court.

144. When, in order to the issuing of a summons or a Examination of com- warrant against any person for any offence a complaint is made to a Magistrate, such Magistrate, if he is competent to receive

plainant.

such complaint, shall examine the complainant.

The examination shall be reduced into writing in a sum