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190. 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-section (2), may take cognizance of any offence - (a) upon receiving a complaint of facts which constitute such offence;
Nov 16, 2022 · The Supreme Court ruled that Section 190 of the Code of Criminal Procedure, 1973 (CrPC) gives a magistrate the authority to issue summonses against individuals who have not been named as suspects in the chargesheet or charged in the First Information Report (FIR).
Jan 9, 2024 · This section gives power to both first-class and second-class magistrates to take cognizance of an offence. A first-class magistrate is one who can give a sentence to an accused of up to 3 years in jail and can also charge a fine of rupees up to 5000.
1 THE CODE OF CRIMINAL PROCEDURE, 1973 _____ ARRANGEMENT OF SECTIONS _____ CHAPTER I PRELIMINARY SECTIONS 1. Short title, extent and commencement. 2. Definitions.
Oct 31, 2022 · 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—. upon receiving a complaint of facts which constitute such offence; upon a police report of such facts;
Jun 29, 2024 · Section 190: Key Provisions. Section 190 of the CrPC empowers magistrates to take cognizance of offences in three distinct ways: 1. Cognizance on Complaint (Section 190 (1) (a)): This provision allows a magistrate to take cognizance of any offence upon receiving a complaint.
Get complete details about CrPC 190 (Cognizance of offences by Magistrates) associated charge, offences, punishment & bail at lawrato.com. Explore Now!
Jan 12, 2024 · Under clause (c) of section 190 of CrPC, cognizance may be taken on information received from sources other than a police officer. It applies to cases where the private individual who is aggrieved or someone on his behalf does not come forward to make a complaint.
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 ...
Sep 10, 2022 · The Supreme Court recently, in the case of Nahar Singh Vs. State of Uttar Pradesh [1] held that a Magistrate can issue summons to a person not named in either the First Information Report (FIR) or in the Chargesheet. Section 190 of the Criminal Procedure Code states that.
