Sanhita.ai

Code of Criminal Procedure

(CRPC)

Cognizance of offences by Magistrates.

Chapter 14: Conditions Requisite For Initiation Of Proceedings

Section: 190

(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 which constitute such offence;

(b)upon a police report 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.

PUNJAB AND UT OF CHANDIGARH.- In relation to the specified offences, the Code shall be so read as if after Section 190 of the Code, the following section was inserted, namely :"190-A. Cognizance of offences by Executive Magistrate.- Subject to the provisions of this Chapter any Executive Magistrate may take cognizance of any specified offences. -(a) upon receiving a complaint of facts which constitute such offence;(b) upon a police report of such facts;(c) upon information received from any person other than a police officer, upon his own knowledge, that such offence has been committed." [Vide Punjab Act 22 of 1983, Section 6, w.e.f. 27.6.1983]

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