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Filing of list of witnesses by the complainant before issuance of summons or warrant to the accused under section 204 of Cr PC:
is mandatory
is directory
neither mandatory nor directory
either mandatory or directory.
Let’s break it down:
- Option 1: is mandatory
This would mean the complainant must file a list of witnesses before the court can issue process under Section 204 CrPC. If not, the process couldn’t go ahead.
But, that’s not how the law actually works.
- Option 2: is directory
The complainant *should* provide the list of witnesses, but if they don’t, it doesn’t automatically stop the issuance of summons or warrant. The court has flexibility.
In real practice, courts have held this requirement to be directory, not compulsory.
- Option 3: neither mandatory nor directory
That would mean there’s no real legal expectation for filing at all, which isn’t true. The CrPC does mention it—just not in an absolute way.
- Option 4: either mandatory or directory
This is just confusing and doesn’t clarify anything—it’s one or the other, not both at once.
So, your pick—Option 2—is exactly right: the requirement is directory, not mandatory.
By: santosh ProfileResourcesReport error
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