Code:
(1) Subject to the provisions of this Chapter, any Magistrate of the first class, and any Magistrate of the second class specially empowered in this behalf under sub-section (2), may take cognizance of any offence—
(a) upon receiving a complaint of facts, including any complaint filed by a person authorised under any special law, which constitutes such offence;
(b) upon a police report (submitted in any mode including electronic mode) of such facts;
(c) upon information received from any person other than a police officer, or upon his own knowledge, that such offence has been committed.
(2) The Chief Judicial Magistrate may empower any Magistrate of the second class to take cognizance under sub-section (1) of such offences as are within his competence to inquire into or try.
Explanation:
This section deals with the taking of cognizance of offences by Magistrates. It outlines the circumstances under which a Magistrate can initiate a legal proceeding for an offence.
Sub-section (1) states that a Magistrate of the first class or a specially empowered Judicial Magistrate of the second class can take cognizance of an offence in three ways:
(a) Receiving a complaint from a person, including someone authorized by a special law, detailing the facts constituting the offence.
(b) Receiving a police report (in any format, including digital) containing the facts related to the offence.
(c) Receiving information about the offence from a non-police source, or from their own knowledge.
Sub-section (2) empowers the Chief Judicial Magistrate to delegate the authority to take cognizance of offences to Magistrates of the second class, provided those offences fall within their jurisdiction.
Sub-section (3) outlines the special procedure for taking cognizance of complaints against public servants for actions during their official duties. The Magistrate must:
(a) Receive a report from the officer superior to the public servant, detailing the facts and circumstances.
(b) Consider the public servant’s explanation about the situation leading to the alleged incident.
Illustration:
Suppose a person files a complaint with a Magistrate alleging that a police officer assaulted them. Under Section 210(1)(a), the Magistrate can take cognizance of the offence. However, if the complaint is against the police officer for their actions during duty, the Magistrate must follow the procedure outlined in Sub-section (3), requiring a report from the officer’s superior and consideration of the officer’s explanation.
Common Questions and Answers:
- Q: What is the difference between “cognizance” and “investigation”?A: Cognizance refers to the Magistrate’s initial decision to take notice of an offence and potentially start legal proceedings. Investigation is a more detailed process that follows cognizance, where evidence is gathered and analyzed.
- Q: Can a Magistrate take cognizance of an offence based solely on hearsay information?A: While Section 210(1)(c) allows cognizance based on information from non-police sources, the information should be credible and not merely hearsay. The Magistrate will assess the information’s reliability before taking action.
- Q: What happens if a Magistrate refuses to take cognizance of an offence?A: The person who filed the complaint can approach a higher court to challenge the Magistrate’s decision.
