CrPC Section 201 – Procedure By Magistrate Not Competent To Take Cognizance Of The Case

“Section 201 – Procedure By Magistrate Not Competent To Take Cognizance Of The Case:

If the complaint is made to a Magistrate who is not competent to take cognizance of the offence he shall:

1. if the complaint is in writing, return it for presentation to the proper Court with an endorsement to that effect;
2. if the complaint is not in writing, direct the complainant to the proper Court.”

Simplified Explanation Of CrPC Section 201

Section 201 of the Code of Criminal Procedure, 1973 (hereinafter referred to as “CrPC”) has clearly defined the role of the magistrate when he does not have the jurisdiction to hear a complaint :

1. If the complaint is in writing: The magistrate shall return the complaint to the complainant for presentation to the proper court, endorsing the reasons for such return.
2. If the complaint is not written: The magistrate shall direct the complainant to the court that is competent to take cognizance of the case.

Key Aspects Of Section 201

Section 201 of the CrPC has the following crucial aspects:

Purpose Of Section 201

• Section 201 prevents the legal process from being defeated by allowing cases to be tried in courts that have no jurisdiction.
• It prevents a procedural mistake, delay, or even an invalid trial by reason of lack of jurisdiction.
• By transferring cases to the proper authority, it upholds the integrity of the judicial process and respects the statutory limits of judicial officers.

Types Of Incompetence Addressed

• Lack of Subject Matter Jurisdiction: When the magistrate does not have the power to address the particular type of offence.
• Territorial Incompetence: When the offence is beyond the territorial area allocated to the magistrate.

Role Of Magistrate

• The magistrate must evaluate the complaint with caution and determine jurisdiction.
• In case of no jurisdiction, the magistrate has a duty to:
  • Return written complaints: Clearly endorse the reasons for the return and guide the complainant on where to present the complaint.
  • Guide for oral complaints: Instruct the complainant to approach the proper court.

Endorsement Of Reasons

• In case of a written complaint, an endorsement is an official record indicating why the magistrate could not entertain the matter. It gives clarity to the complainant as to the procedural step ahead and also ensures transparency.

Implications Of CrPC Section 201

• Conservation of Judicial Resources: Section 201 ensures that complaints are heard in competent courts so that judicial time and resources are not wasted on cases outside the scope of a magistrate's jurisdiction.
• Fair Trial: Section 201 plays a vital role in ensuring that cases are tried in courts with the legal authority and expertise required for proper adjudication.
• Procedural Uniformity: It creates a standard process for the treatment of complaints received by magistrates with no jurisdiction, thus reducing confusion and differences in procedure.

Practical Scenarios And Illustrations

Illustration 1: Territorial Incompetence: A complainant files a case in Court X regarding an offence that occurred in the jurisdiction of Court Y. On receiving the complaint, the magistrate at Court X is bound, under Section 201, to return the complaint with an endorsement to the complainant to file it in Court Y.

Illustration 2: Lack of Subject Matter Jurisdiction: Case involving offence under Special Acts (such as the Narcotic Drugs and Psychotropic Substances Act) is filed with the judicial magistrate who does not have jurisdiction to proceed over the case. Therein, the magistrate acts upon Section 201 wherein it shall direct the complainant to the appropriate court special.

Landmark Judgements

Devendra Kishanlal Dagalia vs. Dwarkesh Diamonds Pvt. Ltd. & Ors. (2013)

The Court held that a Magistrate cannot use Section 201 of CrPC to withdraw a summons after it has been issued. This conclusion arises from the fact that Section 201 of CrPC is applicable only when a Magistrate, on receipt of a complaint, does not have the jurisdiction to take cognizance of the offense.

The Court held the following:

• Issuance of Summons: Issuance of summons under Section 204 CrPC is an indication that the Magistrate, after considering the complaint, feels that there are sufficient grounds to proceed and has the authority to deal with the case.
• Absence of review power: After taking the decision to issue summons, there is no provision under CrPC, that would allow him to review or recall this summons. Without this power under CrPC or any inherent one, an aggrieved can only go to the High Court and seek redress under 482 CrPC or Art 227 of the Indian Constitution.
• Limited Scope of Section 201 CrPC: Section 201 CrPC is provided to those situations where the Magistrate receiving the complaint has no jurisdiction over the alleged offense. In such a situation, the Magistrate is bound to send back the complaint to the complainant, asking him to file it in the court that would have jurisdiction over the alleged offense.
• No Retroactive Application: The Court held that Section 201 CrPC cannot be applied retroactively after the Magistrate has already exercised his discretion under Section 204 CrPC and served summons.

Ashraf Nadeen Hussain vs. Zabir Mifta Rahman (2017)

In this case, the Court held the following:

• A Magistrate must ensure that they have territorial jurisdiction before recording the statement of the complainant. This would mean scrutinizing the complaint petition and annexed materials for jurisdiction.
• Issuing process against the accused implies that the Court has sufficient grounds and territorial jurisdiction. Once this happens, the Court cannot revisit the question of jurisdiction.
• Section 201 CrPC applies only before summoning the accused. After the Magistrate issues summons under Section 204 CrPC, they cannot go back to the procedure in Section 201. There is no power to review or recall the issuance of summons.
• An acquittal cannot be based on lack of territorial jurisdiction. If the Court lacks jurisdiction after the issuing process, it must return the complaint to be filed in the proper court.

The Court emphasized that the trial court was wrong to acquit the accused on grounds of lack of territorial jurisdiction after a full trial.

Conclusion

Section 201 of the Code of Criminal Procedure is a crucial procedural safeguard ensuring that cases are heard by the appropriate courts with jurisdiction. By clearly defining the steps to be taken by magistrates lacking jurisdiction, it prevents procedural delays and upholds the fairness of the judicial process. This section not only conserves judicial resources but also protects the rights of both complainants and defendants. Through its structured approach, Section 201 reinforces the integrity of the legal system.

FAQs

These are some FAQs about CrPC Section 201 to help understand its purpose and procedure.

Q1: What is the purpose of Section 201 under CrPC?

Section 201 ensures that cases are tried in competent courts, preventing procedural delays and ensuring fair trials by adhering to jurisdictional boundaries.

Q2: What should a magistrate do if they lack jurisdiction over a complaint?

The magistrate must either return the written complaint with an endorsement or guide the complainant to the appropriate court for oral complaints.

Q3: Does Section 201 allow a magistrate to recall a summons after it has been issued?

No, once a summons is issued under Section 204, Section 201 cannot be applied retroactively. Summons can only be challenged in higher courts.

Q4: What is the difference between territorial and subject matter jurisdiction in Section 201?

Territorial jurisdiction refers to the geographical area where a court has authority, while subject matter jurisdiction pertains to the type of cases a court can hear.

Q5: Can a case be dismissed due to lack of jurisdiction under Section 201?

No, the case is not dismissed; instead, the complaint is returned or redirected to the competent court for proper adjudication.