Section 202 CrPC: Postponement of issue of process

Code of Criminal Procedure, 1973

Section 202 CrPC at a Glance

Section 202 CrPC deals with postponement of issue of process. From 1 July 2024 it is replaced by Section 225 BNSS. Popularly called postponement of process. The rule is unchanged; only cross-references were updated.

Now BNSS

Section 225 →

What Section 202 CrPC Says

202. Postponement of issue of process

(1) Any Magistrate, on receipt of a complaint of an offence of which he is authorised to take cognizance or which has been made over to him under section 192, may, if he thinks fit, and shall, in a case where the accused is residing at a place beyond the area in which he exercises his jurisdiction, postpone the issue of process against the accused, and either inquire into the case himself or direct an investigation to be made by a police officer or by such other person as he thinks fit, for the purpose of deciding whether or not there is sufficient ground for proceeding:

Provided that no such direction for investigation shall be made,—

(a) where it appears to the Magistrate that the offence complained of is triable exclusively by the Court of Session; or

(b) where the complaint has not been made by a Court, unless the complainant and the witnesses present (if any) have been examined on oath under section 200.

(2) In an inquiry under sub-section (1), the Magistrate may, if he thinks fit, take evidence of witnesses on oath:

Provided that if it appears to the Magistrate that the offence complained of is triable exclusively by the Court of Session, he shall call upon the complainant to produce all his witnesses and examine them on oath.

(3) If an investigation under sub-section (1) is made by a person not being a police officer, he shall have for that investigation all the powers conferred by this Code on an officer in charge of a police station except the power to arrest without warrant.

Source: Section 202, Code of Criminal Procedure, 1973

Section 202 CrPC in Simple Words

Section 202 of the Code of Criminal Procedure, 1973 lets or requires a Magistrate to hold back on issuing process against an accused person after receiving a complaint, so the Magistrate can first decide whether or not there is sufficient ground for proceeding.

The Magistrate may postpone process if he thinks fit, and shall do so when the accused resides outside the area of the Magistrate's jurisdiction, in order to inquire into the case himself or direct an investigation within the limits set by the Code.

When Section 202 CrPC Applies

  • Under Section 202(1) of the Code of Criminal Procedure, 1973, a Magistrate who receives a complaint for an offence he is authorised to take cognizance of, or one transferred to him under Section 192 CrPC, may, if he thinks fit, delay issuing process against the accused to decide whether or not there is sufficient ground for proceeding.
  • Where the accused is residing at a place beyond the area in which the Magistrate exercises his jurisdiction, Section 202(1) CrPC states that the Magistrate shall postpone the issue of process and either conduct an inquiry himself or order an investigation by a police officer or by such other person as he thinks fit.
  • The proviso to Section 202(1) CrPC limits the power to order an investigation by stating that no such direction shall be made if it appears to the Magistrate that the offence complained of is triable exclusively by the Court of Session, or, for a complaint not made by a Court, before the complainant and the witnesses present, if any, have been examined on oath under Section 200 CrPC.
  • During an inquiry conducted under Section 202(2) CrPC, the Magistrate may, if he thinks fit, record witness testimony on oath, though the proviso to Section 202(2) CrPC states that if it appears to the Magistrate that the offence complained of is triable exclusively by the Court of Session, he shall call upon the complainant to produce all his witnesses and examine them on oath.
  • When a person who is not a police officer conducts an investigation ordered under Section 202(1) CrPC, Section 202(3) CrPC provides that he shall have all the investigation powers that the Code confers on an officer in charge of a police station, except the power to arrest without warrant.

Example of Section 202 CrPC

Ramesh files a complaint before a Magistrate alleging an offence that the Magistrate is authorised to take cognizance of and that is not triable exclusively by the Court of Session. The accused, Suresh, is residing at a place beyond the area in which the Magistrate exercises his jurisdiction. Under Section 202(1) of the Code of Criminal Procedure, 1973, the Magistrate shall postpone the issue of process against Suresh to decide whether or not there is sufficient ground for proceeding. After examining Ramesh and the witnesses present on oath under Section 200 CrPC, the Magistrate either inquires into the case himself or directs a police investigation.

When Section 202 CrPC Does Not Apply

  • Section 202(1) of the Code of Criminal Procedure, 1973 does not apply where the Magistrate has not received a complaint of an offence of which he is authorised to take cognizance or which has been made over to him under Section 192 CrPC.
  • Under the proviso in Section 202(1)(a) CrPC, the power to direct an investigation does not apply where it appears to the Magistrate that the offence complained of is triable exclusively by the Court of Session.
  • Under the proviso in Section 202(1)(b) CrPC, a Magistrate cannot direct an investigation on a complaint that has not been made by a Court unless the complainant and the witnesses present, if any, have first been examined on oath under Section 200 CrPC.
  • Section 202(3) CrPC does not apply where the investigation directed under Section 202(1) CrPC is made by a police officer, because it covers only an investigation made by a person not being a police officer.

Postponement of Process Under BNSS 225: What Changed

Section 202 CrPC is now covered under Section 225 BNSS.

Section 202 of the Code of Criminal Procedure, 1973 became Section 225 of the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. The substantive rule governing the postponement of the issue of process, the Magistrate's inquiry, and the direction for investigation is unchanged across all sub-sections. Every difference between Section 202 CrPC and Section 225 BNSS is a change of form. In Section 225(1) BNSS, the cross-reference to Section 192 CrPC becomes Section 212 BNSS, and the cross-reference in Section 225(1)(b) BNSS to Section 200 CrPC becomes Section 223 BNSS. In Section 225(3) BNSS, the word Code is replaced with Sanhita.

View detailed comparison (CrPC 202 vs BNSS 225) →

FAQs on Section 202 CrPC

When is a Magistrate required to postpone the issue of process under Section 202 CrPC?▼

Section 202(1) of the Code of Criminal Procedure, 1973 requires the Magistrate to postpone the issue of process where the accused is residing at a place beyond the area in which the Magistrate exercises his jurisdiction. In that situation, the Magistrate shall postpone the issue of process against the accused and either inquire into the case himself or direct an investigation by a police officer or by such other person as he thinks fit, for the purpose of deciding whether or not there is sufficient ground for proceeding.

Can a Magistrate order an investigation under Section 202 CrPC if the offence is triable exclusively by the Court of Session?▼

No. The proviso in Section 202(1)(a) of the Code of Criminal Procedure, 1973 states that no direction for investigation shall be made where it appears to the Magistrate that the offence complained of is triable exclusively by the Court of Session. Instead, when the Magistrate holds an inquiry under Section 202(1) CrPC in such a case, the proviso to Section 202(2) CrPC requires that he shall call upon the complainant to produce all his witnesses and examine them on oath.

What powers does an investigator who is not a police officer have under Section 202 CrPC?▼

A Magistrate postponing the issue of process under Section 202(1) of the Code of Criminal Procedure, 1973 may direct an investigation to be made by a police officer or by such other person as he thinks fit. Under Section 202(3) CrPC, if that investigation is made by a person not being a police officer, he shall have for that investigation all the powers conferred by the Code on an officer in charge of a police station, except the power to arrest without warrant.

Where is the provision of Section 202 CrPC found from 1 July 2024?▼

The Code of Criminal Procedure, 1973 was replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. From 1 July 2024, the provision of Section 202 CrPC on the postponement of issue of process is found in Section 225 BNSS, with Section 202(1) CrPC in Section 225(1) BNSS, Section 202(2) CrPC in Section 225(2) BNSS, and Section 202(3) CrPC in Section 225(3) BNSS.

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Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 18 Oct 2026 ·