Criminal Procedure Code · Updated to 1 May 2023 · Chapter XV · Complaints to Magistrates
133. Examination of complainant
Feedback & supportWhen a Magistrate takes cognizance of an offence on a complaint―
offence
“offence” means any act or omission made punishable by any law for the time being in force;
the Magistrate shall set a date to examine the complainant in accordance with this section;
the Magistrate shall serve on the Public Prosecutor a notice in writing at least seven clear days before the date of the examination of the complainant and such notice shall specify the date of the examination of the complainant and the particulars of the complaint received by the Magistrate under section 128;
the Magistrate shall not proceed to examine the complainant unless the notice required by paragraph (b)
has been served on the Public Prosecutor in accordance with that paragraph;
the Magistrate shall examine the complainant upon oath and the substance of the examination of the complainant shall be reduced to writing and shall be signed by the complainant and by the Magistrate;
the Public Prosecutor may appear and assist the Magistrate in the examination of the complainant.
Notwithstanding subsection (1), the Public Prosecutor may at any stage of the examination direct the police to investigate the offence
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complained of and to report thereon to the Public Prosecutor.
If the Public Prosecutor directs the police to investigate the offence complained of, the Magistrate shall not proceed with the examination of the complainant.
This section shall not apply to a complaint of an offence where a summons is applied for in a summons case made by a police officer, public officer or public servant acting in his official capacity.
complaint
“complaint” means that allegation made orally or in writing to a Magistrate with a view to his taking action under this Code that some person whether known or unknown has committed or is guilty of an offence;