Complaint [Section 2(d)]

Means any allegation made orally or in writing to a Magistrate by any person. It

does not include a Police Report.
Cognizance of Complaint [Section 190 (1)(a) Cr.P.C]
Means application of the Judicial Mind - Examination of Complainant u/s 200
Cr.P.C if complaint not in writing.
Postponement of the Issue of Process u/s 202 Cr.P.C if the Magistrate thinks fit
and shall postpone the issue of Process if the accused is residing beyond the
area of his jurisdiction and either inquire into the Complainant himself or
direct investigation by a Police Officer etc.
Complaint can be dismissed u/s 203 Cr.P.C if no sufficient ground exists.
Issue of Process u/s 204(3) Cr.P.C. (Annexing of the Copy of the Complaint)
In the case of Sessions Trial, the following documents are required (Statements
recorded under Section 200 or 202, U/s 164 and any other documents on which
Prosecution wants to rely)
In the case of Warrant Cases (Complaint Cases), Prosecution Evidence is
recorded (U/s 244) and further proceedings are taken.
In the case of Summons Case, Notice is issued u/s 251 Cr.P.C to the accused.
Withdrawal of Complaint u/s 257 Cr.P.C
Action on Police Report U/s 2(r), Police Report means a report forwarded by
Police Officer u/s 173(2), Cognizance u/s 190, Issue Process U/s 204, Supply of
Copy U/s 207, [Warrant Cases Accused can be discharged u/s 239], Framing of
Charge U/s 240, Plea of Guilty / Not Guilty, Regular Proceedings.
In Summons Cases, Notice u/s 251 and further proceedings
Dispensing with Personal Attendance of the Accused U/s 205 while
summons are issued
Committal Proceedings U/s 209 in cases exclusively triable by the Court of
Session. [In Complaint / Police Report Cases] by the Magistrate to the Court
of Session after Section 207 and 208 are complied with.
Cognizance of Cases by Court of Sessions U/s 193 Cr.P.C directly under
offences relating to special acts POCSO, NDPS etc. and not others.
Power of CMM Upto 7 Years
Power of MM Upto 3 years or Fine not exceeding 10k

Maintenance U/s 125 Cr.P.C for Wife / Legitimate or Illegitimate Minor

Child married or not / Legitimate or Illegitimate Child not being a Married
Daughter unable to maintain herself / Father or Mother
A Magistrate empowered to take cognizance U/s 190 Cr.P.C can order
investigation U/s 156(3)
U/s 157 Cr.P.C, I.O sends a report of the Cognizable cases to MM to keep
him informed about the investigation. Accordingly, Magistrate can ask the
Status Report and may control the investigation if so required.
Statement U/s 161 Cr.P.C recorded by Police are not to be signed by the
Witnesses.
U/s 162 Cr.P.C such statements can only be used for the purpose of
contradiction in the manner provided U/s 145 Evidence Act and for no
other purpose.
Plea Bargaining can be used for Offences punishable upto 7 years. No Appeal
against the Order of Plea Bargaining.
Detention under Section 167 whereby the maximum period of Police
Remand is 15 days and Judicial Custody can be for maximum of 15 days at
a time which is upto 90 days in case of offences punishable with Death, Life
Imprisonment and Imprisonment for more than 10 years and 60 days in
other offences. If investigation is not completed within 90 days the accused
is entitled to Bail.
Bail U/s 436 can be granted by Police or Magistrate for Bailable Offences. If
more than half of sentence is over Bail is granted U/s 436(a) except death
sentences.
Bail U/s 437 can be granted for Non Bailable Offences can be granted by
MM for Offences other than those punishable with Death or Life
Imprisonment.
Bail U/s 437 A, to appear before next appellate court.
Bail U/s 438 HC / Session (Anticipatory)
Bail U/s 439 HC / Session (Regular Bail)
Offences are compounded U/s 320 Cr.P.C. The compounding of the Offence
has the effect of Acquittal.

Saving of Inherent Power of High Court U/s 482 Cr.P.C. FIR can be quashed
under this Section.