Section 200 of CrPC

“200. Examination of complainant. -- A “Magistrate taking cognizance of an offence on

complaint” shall “examine upon oath” the complainant and the witnesses present, if any, and
“the substance of such examination” shall be reduced to writing and shall be signed by the
complainant and the witnesses, and also by the Magistrate:
Provided that, when “the complaint is made in writing”, the “Magistrate need not examine” the
complainant and the witnesses-
(a) If a public servant acting or- purporting to act in the discharge of his official duties or a Court
has made the complaint; or
(b) If the Magistrate makes over the case for inquiry or trial to another Magistrate under section
192: Provided further that if the Magistrate makes over the case to another Magistrate under
section 192 after examining the complainant and the witnesses, the latter Magistrate need not re-
examine them.”

Difference btw section 190 and 200

“190. Cognizance of offences by Magistrates. — (1) Subject to the provisions of this Chapter,
any Magistrate of the first class, and any Magistrate of the second class specially empowered in
this behalf under sub-section (2), may take cognizance of any offence—
(a) upon receiving a complaint of facts which constitute such offence;
(b) upon a police report of such facts;
(c) upon information received from any person other than a police officer, or upon his own
knowledge, that such offence has been committed.
(2) The Chief Judicial Magistrate may empower any Magistrate of the second class to take
cognizance under sub-section (1) of such offences as are within his competence to inquire into or
try.”

Thus, if a complaint is received by the Magistrate, the power to take cognizance on the basis of
such complaint is under Section 190 of CrPC (As name suggests, Cognizance of offences by
Magistrates). However, further action on such complaint has to be taken under Sections 200-204
of Cr.P.C. Under Section 200 Cr.P.C., the magistrate is required to record the statement of the
complainant on oath, and also of other witnesses, if present. (Section 200 provides for further
action has to be taken by magistrate, if cognizance of an offence is taken on complaint. While
Section 190 provides for power to take cognizance of an offence to the magistrate of the first
class, and any Magistrate of the second class specially empowered in this behalf under sub-
section (2).)
Thus, in the overall scheme of things under Cr.P.C., in the case of the (private) complaint, while
the power to take cognizance lies under Section 190 of Cr.P.C., the power to examine the
complainant on oath (and, other witnesses, if any) for the purposes of verification of the
complaint is laid down in Section 200 of Cr.P.C.
As mentioned above, Section 200 is relevant only for a “complaint”, the cognizance of which is
taken under clause (a) of Section 190(1). Section 200 Cr.P.C. is not relevant when the
cognizance is being taken under clause (b) of Section 190(1) on the basis of a “police report”
which is filed by police under Section 173 of Cr.P.C. after completion of the investigation.

The objective sought to be achieved by Section 200 is that a large number of complaints are filed
by private individuals, many of which may be frivolous complaints. Therefore, it is considered
necessary to verify the details of such complaints by examining the complainant on oath
under Section 200 of Cr.P.C. In certain “complaint” cases, action may have to be taken by
the magistrate under the provisions of Section 202 Cr.P.C., i.e., an inquiry by the
magistrate himself or an investigation by police, etc. After these steps, if the magistrate does
not find sufficient ground to proceed further, he may dismiss the complaint under Section 203
of Cr.P.C.; on the other hand, if he finds sufficient ground to proceed, he may issue process
under Section 204 of Cr.P.C.