Examination of complainant

A Magistrate taking cognizance of an offence on complaint shall at once examine ²⁶⁴[upon oath the complainant and such of the witnesses present, if any, as he may consider necessary,] and the substance of the examination shall be reduced to writing and shall be signed ²⁶⁵[by the complainant or witness so examined], and also by the Magistrate:

Provided as follows:-

(a) when the complaint is made in writing, nothing herein contained shall be deemed to require ²⁶⁶[such examination] before transferring the case under section 192;

(aa) when the complaint is made in writing nothing herein contained shall be deemed to require ²⁶⁷[such examination] in any case in which the complaint has been made by a Court or by a public servant acting or purporting to act in the discharge of his official duties;

²⁶⁸[∗ ∗ ∗]

(c) when the case has been transferred under section 192 and the Magistrate so transferring it has already ²⁶⁹[examined the complainant and witness if any,] the Magistrate to whom it is so transferred shall not be bound to ²⁷⁰[re-examine them].

²⁶⁴ The words and commas "upon oath the complainant and such of the witnesses present, if any, as he may consider necessary," were substituted for the words and commas "the complainant and the witnesses present, if any, upon oath," by section 11 of the Code of Criminal Procedure (Second Amendment) Ordinance, 1982 (Ordinance No. XXIV of 1982)

²⁶⁵ The words "by the complainant or witness so examined" were substituted, for the words "by section 2 and Schedule of the complainant" by the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)

²⁶⁶ The words "such examination" were substituted, for the letter and words "a Magistrate to examine the complainant" by section 2 and Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)

²⁶⁷ The words "such examination" were substituted, for the words and letter "the examination of a complainant" by section 2 and Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)

²⁶⁸ Clause (b) was omitted by the Schedule of the Adaptation of Central Acts and Ordinances Order, 1949

²⁶⁹ The words and commas "examined the complainant and witness, if any," were substituted, for the words "examined the complainant" by section 2 and Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)

²⁷⁰ The words "re-examine them" were substituted, for the words "re-examine the complainant" by section 2 and Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)