Section-190 of the Code of Criminal Procedure, 1898
The Code of Criminal Procedure, 1898
(ACT NO. V OF 1898)
CHAPTER XV
OF THE JURISDICTION OF THE CRIMINAL COURTS IN INQUIRIES AND
TRIALS
B.-Conditions requisite for Initiation of Proceedings
Cognizance of offences by
Magistrates
190.(1) Except as
hereinafter provided, any Chief Metropolitan Magistrate, Metropolitan
Magistrate, Chief Judicial Magistrate, Magistrate of the first class, and
any other Magistrate specially empowered in this behalf under sub-section (2)
or (3), may take cognizance of any offence-
(a) upon receiving a
complaint of facts which constitute such offence;
(b) upon a report in
writing of such facts made by any police-officer;
(c) upon information
received from any person other than a police-officer, or upon his own knowledge
or suspicion, that such offence has been committed.
(2) the Government may,
and subject to any general or special order issued in this behalf by the High
Court Division, the Chief Judicial Magistrate may empower any Magistrate of the
second or third class to take cognizance under sub-section (1) clause (a) or
clause (b) of offences which he may try or send for trial
(3) The Government may empower any Magistrate of the second class to take cognizance under sub-section (1), clause (c), of offences for which he may try or send for trial.
(4) Notwithstanding
anything contained to the contrary in this section or elsewhere in this Code,
the Government may, by an order specifying the reasons and period stated
therein, empower any Executive Magistrate to take cognizance under clause (a),
(b) or (c) or sub-section (1), of offences and the Executive Magistrate shall
send it for trial to the court of competent jurisdiction.
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