Sections 190, 191 and 192 CrPC: Cognizance of Offences, Transfer and Making Over of Cases
Sections 190, 191 and 192 of the Code of Criminal Procedure, 1973 (CrPC) formed part of Chapter XIV, dealing with conditions requisite for initiation of proceedings. This article explains the law applicable under the CrPC before the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) came into force.
Section 190 CrPC - Cognizance of offences by Magistrates
Meaning of cognizance: In this context, cognizance refers to the Magistrate taking judicial notice of an alleged offence for the purpose of proceeding under criminal procedure. Section 190 identified the principal sources on which a competent Magistrate could take cognizance.
Section 190(1): Subject to Chapter XIV, a Magistrate of the first class, and a Magistrate of the second class specially empowered under sub-section (2), could take cognizance of an offence:
(a) upon receiving a complaint of facts constituting the offence;
(b) upon a police report of such facts; or
(c) upon information received from a person other than a police officer, or upon the Magistrate's own knowledge that the offence had been committed.
Section 190(2): The Chief Judicial Magistrate could empower a Magistrate of the second class to take cognizance under sub-section (1) of offences within that Magistrate's competence to inquire into or try.
State amendments to Section 190
Maharashtra: The State amendment added provisos concerning cognizance of offences alleged against a person who is or was a public servant while acting or purporting to act in discharge of official duties, including the requirement of previous sanction and a stipulated period for the sanctioning authority's decision.
Assam: The State amendment inserted a reference to an Executive Magistrate in Section 190(1).
Manipur: The State amendment provided for specified Executive Magistrates to take cognizance of specified offences, subject to the terms of the amendment.
Section 191 CrPC - Transfer on application of the accused
Section 191 applied where a Magistrate took cognizance under Section 190(1)(c), that is, on information from a person other than a police officer or on the Magistrate's own knowledge. Before evidence was taken, the accused had to be informed of the entitlement to have the case inquired into or tried by another Magistrate. If the accused objected to further proceedings before that Magistrate, the case was required to be transferred to another Magistrate specified by the Chief Judicial Magistrate.
Assam and Manipur amendments: In the situations covered by the respective State amendments involving Executive or specified Executive Magistrates, references to the Chief Judicial Magistrate were adapted to the District Magistrate as provided by those amendments.
Section 192 CrPC - Making over of cases to Magistrates
Meaning of making over a case: It is the administrative or judicial assignment of a case, after cognizance has been taken, to a competent subordinate Magistrate for inquiry or trial in accordance with the Code.
Section 192(1): A Chief Judicial Magistrate could, after taking cognizance of an offence, make over the case for inquiry or trial to a competent Magistrate subordinate to the Chief Judicial Magistrate.
Section 192(2): A Magistrate of the first class empowered by the Chief Judicial Magistrate could, after taking cognizance, make over the case for inquiry or trial to another competent Magistrate specified by general or special order of the Chief Judicial Magistrate.
State amendments to Section 192
Assam: The amendment made corresponding provision for the District Magistrate and certain empowered Magistrates in the circumstances specified by the State law.
Manipur: The amendment similarly adapted the provision for the District Magistrate, specified Executive Magistrates and other empowered Magistrates in accordance with the State amendment.
How Sections 190, 191 and 192 worked together
Section 190 dealt with the legal basis on which a Magistrate could take cognizance. Section 191 protected the accused where cognizance was taken under Section 190(1)(c) by providing a right to seek inquiry or trial before another Magistrate. Section 192 dealt with making over a case, after cognizance, to another competent Magistrate for inquiry or trial.
This article concerns the Code of Criminal Procedure, 1973 regime before implementation of the BNSS. State amendments should be checked for territorial applicability.