Cognizance of offences by Magistrate
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Summary
A first-class Magistrate, and a second-class Magistrate when specially empowered, may take cognizance of an offence on a complaint, a police report (including electronic), information from any person, or on their own knowledge. Taking cognizance lets the Magistrate begin an inquiry or other proceedings permitted by law. The Chief Judicial Magistrate can empower second-class Magistrates to act in matters within their competence.
Example
Priya tells a Magistrate that her neighbour damaged her scooter. A first-class Magistrate may take cognizance of that information and start an inquiry. If a second-class Magistrate is to act, the Chief Judicial Magistrate must have empowered them to take cognizance.
Bare Act
Enacted 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-
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(a) upon receiving a complaint of facts, including any complaint filed by a person authorised under any special law, which constitutes such offence;
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(b) upon a police report (submitted in any mode including electronic mode) of such facts;
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(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.
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