Criminal Procedure Code – CrPC Notes QUESTION`1:- Discuss the Rights of an arrested person? Cognizance of offences by Magistrates. trial before a court of session chapter xix.
Sec. Taking cognizance is a prerequisite for initiation of proceedings.
When a Magistrate takes cognizance of an offence under clause c. of Sub-Section (1) of section 190, the accused shall, before any evidence is taken, be informed that he is entitled to have the case inquired into or tried by another Magistrate, and if the accused or any of the accused, if there be more than one, objects to further proceedings before the Magistrate taking cognizance, the case shall be transferred to such other Magistrate as may be specified by the Chief Judicial Magistrate in this behalf.Except as otherwise expressly provided by this Code or by any other law for the time being in force, no Court of Session shall take cognizance of any offence as a Court of original jurisdiction unless the case has been committed to it by a Magistrate under this Code.An Additional Sessions Judge or Assistant Sessions Judge shall try such cases as the Sessions Judge of the division may, by general or special order, make over to him for trial or as the High Court may, by special order, direct him to try.A witness or any other person may file a complaint in relation to an offence under section 195A of the Indian Penal Code.No Court shall take cognizance of an offence punishable under section 498A of the Indian Penal Code (45 of 1860) except upon a police report of facts which constitute such offence or upon a complaint made by the person aggrieved by the offence or by her father, mother, brother, sister or by her father’s or mother’s brother or sister or, with the leave of the Court, by any other person related to her by blood, marriage or adoption.No Court shall take cognizance of an offence punishable under section 376B of the Indian Penal Code where the persons are in a marital relationship, except upon prima facie satisfaction of the facts which constitute the offence upon a complaint having been filed or made by the wife against the husband.Please Enable Javascript and Cookies and Reload this page!
According to the definition of section 2(d) of CrPC, the following are essential ingredients of a complaint:-It needs merely to be an oral or written allegation. complaints to magistrates chapter xvi.
CHAPTER XIV, Section 190 to 199 of CRIMINAL PROCEDURE CODE (CRPC) – CONDITIONS REQUISITE FOR INITIATION OF PROCEEDINGS 190. Conditions Requisite For Initiation of Proceedings 190.
So it need not be in any particular prescribed form. Section 198: Thus section like sections 193,195 and 197 regulates the competence of the court and bars its jurisdiction in certain cases. Chapter 14 – Conditions Requisite For Initiation Of Proceedings Section 190 – Cognizance of offences by Magistrates 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- CONDITIONS REQUISITE FOR INITIATION OF PROCEEDINGS. Cognizance of offences by Magistrates (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 … the charge a.--form of charges b.--joinder of charges chapter xviii. commencement of proceedings before magistrates chapter xvii. conditions requisite for initiation of proceedings chapter xv. If these conditions are not fulfilled, the case will not attract the protection which is afforded by this section. A telegram or a letter addressing to the Magistrate and containing that some person has committed an offence is sufficient to constitute a complaint.
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