Cognizance of offences by Magistrates Transfer on application of the accused Making over of cases to Magistrates are defined under Section 190, 191 and 192 of CRPC 1973. Provisions under these sections are:
Section 190 of CRPC "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;
(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.
Section 191 of CRPC "Transfer on application of the accused"
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 before the Magistrate taking cognizance, the case shall be transferred to such other Magistrate as may be specified by the Chief Judicial Magistrate in this behalf.
Section 192 of CRPC "Making over of cases to Magistrates"
(1) Any Chief Judicial Magistrate
may, after taking cognizance of an offence, make over the case
for inquiry or trial to any competent Magistrate subordinate to
(2) Any Magistrate of the first class empowered in this behalf by the Chief Judicial Magistrate may, after taking cognizance of an offence, make over the case for inquiry or trial to such other competent Magistrate as the Chief Judicial Magistrate may, by general or special order, specify, and thereupon such Magistrate may hold the inquiry or trial.
CONDITIONS REQUISITE FOR INITIATION OF PROCEEDING
What is Cognizance of offences by Courts of Session? What is the meaning of Additional and Assistant Sessions Judges to try cases made over to them? What is Prosecution for contempt of lawful authority of public servants, for offences against public justice and for offences relating to documents given in evidence? Section 193, 194 and 195 of Code of Criminal Procedure 1973
COMPLAINTS TO MAGISTRATES
What is Examination of complainant? What is Procedure by Magistrate not competent to take cognizance of the case? What is Postponement of issue of process? What is Dismissal of complaint? Section 200, 201, 202, 203 of Code of Criminal Procedure 1973
Supply to the accused of copy of police report and other documents & Supply of copies of statements and documents to accused in other cases triable by Court of Session. Section 207 and 208 of Code of Criminal Procedure 1973
What is Commitment of case to Court of Session when offence is triable exclusively by it? What is Procedure to be followed when there is a complaint case and police investigation in respect of the same offence?. Section 209 and 210 of Code of Criminal Procedure 1973