Section 190 CrPC: Cognizance of Offences by Magistrates
This section deals with the power of Magistrates to take cognizance of offences. It outlines the circumstances under which a Magistrate can initiate an investigation or trial.
1. Code:
Section 190 of the Code of Criminal Procedure, 1973 (CrPC)
2. Explanation:
This section outlines the conditions under which a Magistrate can take cognizance of an offence. Essentially, it determines whether a Magistrate can initiate an investigation or trial in a case. The key points are:
- Cognizance by information or complaint: A Magistrate can take cognizance of an offence only based on:
- Information: This refers to receiving information about the commission of an offence from any source, like a police report, a witness, or a concerned citizen.
- Complaint: This refers to a formal written accusation made by a person claiming to be a victim of the offence.
- Exceptions: There are exceptions to this rule, where a Magistrate can take cognizance even without a complaint or information, such as:
- When the offence is non-bailable and the accused is arrested.
- When the offence is committed within the Magistrate’s jurisdiction and there is sufficient reason to believe that the accused is guilty.
- Power to order an investigation: Upon taking cognizance, the Magistrate may order an investigation by the police.
- Power to issue process: The Magistrate can issue processes (like summons or warrants) to bring the accused before the court.
3. Illustration:
Imagine a scenario where a person files a complaint with the Magistrate alleging theft. The Magistrate, after examining the complaint, finds sufficient reason to believe that an offence has been committed. The Magistrate can then take cognizance of the offence, order a police investigation, and issue a summons to the accused to appear in court.
4. Common Questions and Answers:
Q. Can a Magistrate take cognizance of an offence based on hearsay evidence?
A. No, a Magistrate cannot take cognizance based solely on hearsay evidence. There must be some tangible evidence that suggests the commission of an offence.
Q. Can a Magistrate take cognizance of an offence without any evidence?
A. No, the Magistrate must have some reasonable grounds or evidence to believe that an offence has been committed before taking cognizance.
Q. Can a Magistrate take cognizance of an offence if the victim refuses to file a complaint?
A. Yes, a Magistrate can take cognizance of an offence even if the victim refuses to file a complaint, especially if it is a serious offence like murder or rape.
