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What is Cognizance of offences by Magistrates? What is Transfer on application of the accused? What is Making over of cases to Magistrates? Section 190, 191 and 192 of Code of Criminal Procedure 1973

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.

STATE AMENDMENTS
Maharashtra
Amendment of section 190.- In section 190 of the said Code, in sub-section (1), after clause (c), following provisos shall be added, namely:-

"Provided that, no Magistrate shall take cognizance of any offence alleged to have been committed by any person who is or was a public servant as defined under any other law for the time being in force, while acting or purporting to act in the discharge of his official duties, except with the previous sanction under section 197 of the Code of Criminal Procedure, 1973 (2 of 1974) or under any law for the time being in force:

Provided further that, the sanctioning authority shall take a decision within a period of ninety days from the date of the receipt of the proposal for sanction and in case the sanctioning authority fails to take the decision within the said stipulated period of ninety days, the sanction shall be deemed to have been accorded by the sanctioning authority.".

[Vide Maharashtra Act 33 of 2016, s. 3.]

Assam
In Section 190 of the Code, in sub-section (1), after the words "any Magistrate of the first class the words "any Executive Magistrate" shall be inserted;

[Vide Assam Act 3 of 1984, s. 3(3) and the Schedule.]

Manipur
In section 190 of the Code, after sub-section (2), the following sub-section shall be added, namely:-

"(3) Any specified Executive Magistrate may, to the exclusion, of any other Magistrate take cognizance, under sub-section (1), of any offence specified in clause (a) of sub-section (1) of section 4 of the Code of Criminal Procedure (Manipur Second Amendment) Act 1984, and the reference in sub-section (1) of this section to a Magistrate of the first class shall, in relation to such offence, be construed as reference to a Specified Executive Magistrate.".

[Vide Manipur Act 3 of 1985, s. 4(2) and the Schedule]

 

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.

STATE AMENDMENT
Assam
In Section 191 of the Code, the reference to Chief Judicial Magistrate Shall, in relation to an offence taken cognizance of by an Executive Magistrate, be construed as a reference to the District Magistrate.

[Vide Assam Act 3 of 1984, s. 3(3) and the Schedule.]

Manipur
In section 191 of the In Section 191 of the Code, the reference to "Chief Judicial Magistrate" Shall, in relation to an offence taken cognizance of by an Specified Executive Magistrate, be construed as a reference to the District Magistrate.

[Vide Manipur 3 of 1985, s. 4(2) and the Schedule].

 

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 him.

(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.

STATE AMENDMENT
Assam
In Section 192 of the Code:-

(i) in sub-section (1), after the word Any the words District Magistrate shall be inserted;

(ii) sub-section (2) shall be substituted as follows:-

(2) Any Sub-divisional Magistrate or Magistrate of the first class empowered in this behalf by District Magistrate or Chief Judicial Magistrate, as the case may be, may, after taking cognizance of an offence, make over the case for enquiry or trial to such other competent Magistrate as the District Magistrate or Chief Judicial Magistrate may, by general or special order, specify, and thereupon such Magistrate may hold the enquiry or trail.

[Vide Assam Act 3 of 1984, s. 3(3) and the Schedule.]

Manipur
In section 192 of the Code,-

(i) in sub-section (1), after the word "Any", the words "District Magistrate or" shall be inserted;

(ii) for sub-section (2), the following sub-section shall be substituted namely:-

"(2) Any sub-Divisional Magistrate who is a Specified Executive Magistrate or any Magistrate of the first class empowered in this behalf by the District Magistrate or Chief Judicial Magistrate, as the case may be, may, after taking cognizance of an offence, make over the case for inquiry or trail to such other competent Magistrate as the District Magistrate or chief Judicial Magistrate may, by general or special order, specify, and thereupon such Magistrate may hold the inquiry or trial.".

[Vide Manipur Act 3 of 1985, s. 4(2) and the Schedule]
 

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