Criminal Procedure Code · Updated to 1 May 2023 · Chapter XVI · Commencement of Proceedings Before a Magistrate’S Court
136. Issue of process
Feedback & supportIf in the opinion of a Magistrate taking cognizance of an offence there is sufficient ground for proceeding and the case appears to be one in which according to the fourth column of the First Schedule a summons should issue in the first instance, he shall issue a summons for the attendance of the accused.
offence
“offence” means any act or omission made punishable by any law for the time being in force;
If the case appears to be one in which according to that column a warrant should issue in the first instance, he may issue a warrant or if he thinks fit, a summons for causing the accused to be brought or to appear at a certain time before himself or some other Magistrate having jurisdiction.
Nothing in this section shall be deemed to affect section 47.