572. The following instructions indicate what is meant by the term "instituted":-
(a)Cognizable cases investigated by the police of their own motion will not be regarded as "instituted" until the accused person is produced in custody or surrenders to his bail on the day fixed for his attendance and for the attendance of the witnesses in the case (Sections 170 and 173 of the Code.)(b)Similarly the case of a person forwarded to a Magistrate for enquiry or trail in respect of offences committed before other Courts (Sections 476 and 482 of the Code) and the case of a person arrested and sent before a Magistrate by an authorized Revenue Officer will not be regarded as "instituted" until the accused is produced before the Magistrate or until the Magistrate issues process to compel his appearance, whichever may be the earlier.(c)Cases of which a Magistrate takes cognizance upon a complaint under Section 190(1) (a) or without a complaint under Section 190(1) (c) of the Code will not be regarded as "instituted" until the Magistrate orders the issue of a process against the accused person.(d)When a case is received from another Court, e.g., under Section 192, 346, 347, 348, 349, 526, 528 or 562 of the Code, or under Section 9 or 31 of the Reformatory Schools Act, 1897 or under Section 5(2) of the Central Provinces Borstal Act, 1928 or under Section 5 of the Central Provinces Probation of Offenders Act, 1936, the original date of institution shall be entered in column 2 of the register and a note shall be made in the column of remarks showing the date of receipt and the Court from which it is received.
