Cognizance of offences by Magistrates
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Summary
Magistrates may take cognizance of an offence when they receive a complaint, a police report, information from a person other than a police officer, or on their own knowledge. First-class magistrates have this power; a second-class magistrate can act only if the Chief Judicial Magistrate specially empowers them. Taking cognizance lets the magistrate start proceedings, such as issuing summons or beginning an inquiry.
Example
Priya files an FIR at her local police station after goods are stolen from her shop. The police send a report to the magistrate, the magistrate takes cognizance, issues summons to the accused and begins an inquiry.
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 which constitute such offence;
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(b) upon a police report 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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