Section 4 in Rules Regarding Prosecution of Criminal Cases Instituted at the Instance of the Departmental Officers
4. District Magistrate to be consulted in non-congnizable cases
- when the offence is non-cognizable and is of a kind not familiar to the department of the officer instituting the prosecution, the District Magistrate should always be consulted as certain formalities may be required in the institution of the case to ensure that the prosecution is legal. These formalities are set out in sub-section (1) (a) of section 195 and in section 197 of the Code of Criminal Procedure, 1898.
