Rule 177: Manner of holding enquiry

Finin2min analysis — operative rule mechanics

Full notified text — Rule 177

177. Manner of holding enquiry.- (1) When a complaint is filed before the officer appointed under
      sub-section (1) of section 111 in respect of the offences referred to in said sub-section, by an Inspector-
      cum-Facilitator, the officer after considering such evidences as produced by the Inspector-cum-
      Facilitator, is satisfied that an offence has been committed, shall issue summons to the accused on the
      address specified in the complaint and fix a date for appearance.
      (2) The authorisation to appear on behalf of either of the parties, shall be presented to the officer under
      sub-rule (1) during the hearing of the complaint and shall form part of the record.
(3) If the accused to whom the summons has been issued under sub-rule (1) appears or is produced before
the officer, he shall explain the accused regarding the offence against which the enquiry has been initiated,
and

      (a) If the accused pleads guilty, the officer shall impose penalty on him in accordance with the provisions
          of the Code and

      (b) If the accused does not plead guilty, the officer shall proceed with the enquiry, issue summons to any
          person acquainted with facts and circumstances of the case, and appoint a specified date for next
          hearing.

(4) On such appointed date, the officer shall record all evidences produced by the accused and the Inspector-
cum-Facilitator, whether documentary or by the witnesses on oath and provide opportunity of cross
examination of the witnesses so produced.

(5) The officer shall after hearing the parties and considering the evidence so produced whether oral and
documentary, shall decide the complaint in accordance with the provisions of the Code.

(6) The officer shall, while passing an order, record -

(a) the particulars of the complaint;
(b) the details of the parties;
(c) the nature of the offence with reference to relevant provisions of the Code;
(d) the pleadings of the parties;
(e) summary of evidence including cross-examination;
(f) findings and reasons; and
(g) penalty imposed, if any.

(7) In case, the accused or his representative fails to appear without any sufficient cause on two consecutive
dates, the officer may proceed to hear and determine the complaint ex-parte:

        Provided, in case where Inspector-cum-Facilitator fails to appear or through his representative
without any sufficient cause, on the specified date, the officer may dismiss the complaint.

(8) Officer may allow for adjournment of the proceedings on receipt of application either from the Inspector-
cum-Facilitator or the accused:
        Provided that not more than three adjournments shall be allowed:
        Provided further that the officer may at his discretion permit hearing the parties or any of the party,
        as the case may be, through video conferencing.

(9) The officer shall endorse or cause to be endorsed on each document, the date of its presentation or receipt,
as the case may be, and if the documents are submitted electronically, endorsement shall be made
electronically.

(10) The parties to the issue or their authorised representative under sub-rule (2) shall be entitled to inspect
any complaint or any other document filed with the officer.

 (11)   The officer may refuse to entertain a complaint, if he is satisfied that the complaint is incomplete and
may request the Inspector-cum-Facilitator to rectify such defects within the time specified by him for such
purpose:

        Provided that if the officer is of the opinion that it is not possible to rectify such defects in the
 complaint, he may return such complaint indicating the defects.

(12) Where the complaint is presented after rectification of the defects, the date of such re-presentation shall
be deemed to be the date of presentation for the purpose of sub-section (1) of section 111 of the code.

(13) The officer may, after giving the Inspector-cum-Facilitator an opportunity of being heard, refuse to
entertain a complaint, if he is satisfied for reasons to be recorded in writing, that-

        (a) the complainant has filed the complaint beyond six months from the date on which the offence
             complained is committed;

        (b) the complainant fails to comply with the directions given by the officer.

(14) (i) Any person aggrieved by an order made by the officer may prefer an appeal, in manner, form and
with applicable fee as prescribed by Central Government through general or special order, to the appellate
authority to be appointed under sub-section (3) of section 111, within sixty days from the date on which the
copy of the order referred under sub-rule (6) made by the officer is received by the aggrieved person.

(ii) The appellate authority appointed under sub-section (3) of section 111, after giving the parties to the
appeal an opportunity of being heard, pass such order as he thinks fit, confirming, modifying or setting aside
the order appealed against, within a period of sixty days from the date of receipt of appeal.

Application and evidence

1. Primary statutory test — (1) When a complaint is filed before the officer appointed under sub-section (1) of section 111 in respect of the offences referred to in said sub-section, by an Inspector- cum-Facilitator, the officer after considering such evidences as produced by the Inspector-cum- Facilitator, is satisfied that an offence has been committed, shall issue summons to the accused on the address specified in the complaint and fix…
2. Additional operative limb — (2) The authorisation to appear on behalf of either of the parties, shall be presented to the officer under sub-rule (1) during the hearing of the complaint and shall form part of the record.
3. Qualification / exception to test — Provided that not more than three adjournments shall be allowed:
4. Numerical or timing control — (13) The officer may, after giving the Inspector-cum-Facilitator an opportunity of being heard, refuse to entertain a complaint, if he is satisfied for reasons to be recorded in writing, that- (a) the complainant has filed the complaint beyond six months from the date on which the offence complained is committed;
5. Code Section mapping — 94, 95, 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114. Read the mapped provision together with this text rather than treating the concordance as a substitute for it.
6. Prescribed-form link recorded in the corpus — XXV. Confirm the current notified form/version before filing.

Cross-references & prescribed forms

Worked example

Q&A — Rule 177

Primary sources