Chapter XIV
Section 190 CrPC: Cognizance of offences by Magistrates
New Law Update (2024)
Section 210 BNSS
TRIAL COURT
Magistrate of the first class, Magistrate of the second class
Punishment
Procedural – Cognizance
Cognizable?
Bailable?
Compoundable?
Bare Act Text
(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.
Important Sub-Sections Explained
Section 190(1) CrPC
This sub-section outlines the foundational methods through which a Magistrate can initiate judicial proceedings (take cognizance) of an offence, whether upon receiving a complaint, a police report, or information from a person other than a police officer, or even based on their own knowledge.
Section 190(2) CrPC
This sub-section empowers the Chief Judicial Magistrate to specifically authorise a Second Class Magistrate to take cognizance of offences that fall within their jurisdiction and competence for inquiry or trial.
Landmark Judgements
Mehmood Ul Rehman v. Kh. Lal Hussain (2014):
The Supreme Court clarified that taking cognizance implies the Magistrate applying his judicial mind to the facts for proceeding under the CrPC, and not merely for ordering investigation. It emphasized the distinction between ordering investigation under Section 156(3) and taking cognizance under Section 190.
P. Sarathy v. State of A.P. (2000):
This case held that once a Magistrate takes cognizance of an offence under Section 190, he cannot thereafter issue a direction for investigation under Section 156(3) of the CrPC, as the stage for investigation under that section is prior to taking cognizance.
S.K. Sinha, Chief Enforcement Officer v. Videocon International Ltd. (2008):
The Supreme Court reiterated that ‘cognizance’ means taking judicial notice of an offence, and not merely taking notice of particular facts. It is the application of the judicial mind to the facts for initiating judicial proceedings.