Compliance With Section 202(1) Of CRPC Is Mandatory For Summons Issuance: Supreme Court

In a significant ruling, the Supreme Court, comprising Justices Abhay S. Oka and Pankaj Mithal, upheld the mandatory nature of Section 202(1) of the Code of Criminal Procedure (CRPC) when issuing summons for offences falling under Sections 120-B, 406, 420 read with Section 34 of the Indian Penal Code (IPC). The decision was delivered on August 22, 2023, in the case of **ODI Jerang v. Nabajyoti Baruah & ors.** The bench’s observation underlines the importance of strict compliance with this provision to ensure justice is not compromised.

The case involved a complaint filed under Section 200 of the CRPC by the petitioner, alleging serious offences. The summons had been issued, but the respondents contested it, citing non-compliance with Section 202(1) of CRPC. The High Court subsequently quashed the summons and remanded the complaint for adherence to the mandatory provision. The petitioner argued for substantial compliance through the examination of the complainant before summons were issued.

The bench observed that the use of the word “shall” in Section 202(1) of CRPC, coupled with the amendment brought about by Act No. 25 of 2005, makes the provision mandatory, especially when the accused resides outside the jurisdiction of the learned Magistrate. The Court stressed, “There cannot be any doubt that in view of the use of word ‘shall’ in sub-section 1 of Section 202 of the CRPC and the object of amendment made by the Act No. 25 of 2005, the provision will have to be held as mandatory in a case where the accused is residing at a place outside the jurisdiction of the learned Magistrate.”

Bench highlighted, “Even substantial compliance has not been made by the learned Magistrate. It is true that evidence was recorded before charge and at that stage, an objection was raised by the respondents. Considering the mandatory nature of sub-section 1 of Section 202 of the CRPC, in the facts of this case, non-compliance thereof will result in the failure of justice.”

The Supreme Court dismissed the Special Leave Petition and upheld the impugned order of remand by the High Court. The bench, conscious of the case’s timeline, directed the learned Magistrate to prioritize the disposal of the case, given its 2017 origin.

Date of Decision: 22.08.2023

ODI Jerang vs Nabajyoti Baruah & ors.