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— upon receiving a complaint of facts which constitute such offence; upon a police report of such facts; upon information received from any person other than a police officer, or upon his own knowledge, that such offence has been committed. 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.
Code of Criminal Procedure, 1973
Section 190
Cognizance of offences by Magistrates
Englishहिंदी
🔄 CrPC equivalent: BNS Sec. 210⚖️ Bail Procedure Guide🔨 Punishment & Liability Guide🔍 Compare Old vs New
⚡ Quick Answer Reference: Section 190 CrPC
- Provision: Section 190 of CrPC
- Act: Code of Criminal Procedure, 1973
- Classification: criminal procedure
- Jurisdiction: India
- Summary: This section allows certain magistrates to start legal proceedings for an offence based on a complaint, police report, information from a non-police person, or their own knowledge.
Statutory Content
What does Section 190 of CrPC say?
Indian StandardSection 190, Code of Criminal Procedure, 1973
Bluebook (21st ed.)Code of Criminal Procedure, 1973, § 190 (India)
Court Pleading StandardSection 190 of the Code of Criminal Procedure, 1973
Canonical Web linkhttps://nyaya.cloud/acts/code-of-criminal-procedure-1973/190
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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗
✓ VERIFIED FOR LEGAL ACCURACYReviewed & certified by Advocate Arjun Choudhury (Bar Council ID: D/8734/2015).
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Section Meaning & Purpose
What does Section 190 of CrPC mean?
Plain English Explanation
This section allows certain magistrates to start legal proceedings for an offence based on a complaint, police report, information from a non-police person, or their own knowledge.
Practical Interpretation
In practice, this section enables magistrates to initiate criminal proceedings against individuals or entities upon receiving relevant information or complaints, thus setting the legal process in motion.
Core Legal Purpose
The core purpose is to empower magistrates to take cognizance of offences, allowing the criminal justice system to address alleged crimes through a formal legal process.
Key Legal Elements
- •The magistrate must be of the first class or a specially empowered magistrate of the second class.
- •The information or complaint must pertain to an offence that the magistrate is competent to inquire into or try.
- •The key legal test is whether the magistrate has received a complaint, police report, or information that an offence has been committed.
- •A key limitation is that magistrates of the second class need special empowerment under Sub-Section (2) to take cognizance of offences.
Practical Example
Practical Example of Section 190 CrPC
For instance, if Rajesh files a complaint with the magistrate's court alleging that Amit has committed theft, the magistrate, upon receiving this complaint and if empowered to do so, may take cognizance of the offence and initiate legal proceedings against Amit. This process would involve the magistrate reviewing the complaint to determine if there are sufficient grounds to proceed with the case.
Common Questions (FAQ)
Frequently Asked Questions about Section 190 CrPC
Q: What is the punishment or consequence under Section 190 of CrPC?
This section is a procedural provision and does not prescribe a penal punishment. It outlines the conditions under which a magistrate can take cognizance of an offence.
Q: Does this section apply to private individuals or public entities?
This section applies to the process of taking cognizance of offences by magistrates and does not directly distinguish between private individuals and public entities. Its application depends on the nature of the offence and the competence of the magistrate.
Q: Is an offence under this section bailable or cognizable?
This section does not classify offences as bailable or cognizable. Such classifications depend on the specific offence in question and are typically outlined in other sections of the CrPC or the Indian Penal Code.
People Also Ask (PAA)
Common Questions about Section 190 CrPC
What is Section 190 of CrPC?
Section 190 of the Code of Criminal Procedure, 1973 (CrPC) defines and regulates "Cognizance of offences by Magistrates". In plain terms: This section allows certain magistrates to start legal proceedings for an offence based on a complaint, police report, information from a non-police person, or their own knowledge.
What is the punishment under Section 190 of CrPC?
Section 190 of CrPC does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 190 of CrPC bailable or non-bailable?
Whether Section 190 of CrPC is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 190 of CrPC?
The essential elements of Section 190 of CrPC are: The magistrate must be of the first class or a specially empowered magistrate of the second class.; The information or complaint must pertain to an offence that the magistrate is competent to inquire into or try.; The key legal test is whether the magistrate has received a complaint, police report, or information that an offence has been committed..
What replaced Section 190 of IPC in BNS?
Section 190 of the Indian Penal Code (IPC) was replaced by Section 210 of the Bharatiya Nyaya Sanhita (BNS) 2023. There was no material change in the provision.
Law Transition Mapping
Replaced by New Law
This SectionSection 190Code of Criminal Procedure (CrPC)
→New LawSection 210Bharatiya Nagarik Suraksha Sanhita (BNSS)
✓ No material change in the provision.
View New Law Equivalent →Compare Side-by-Side →Landmark Case Laws
Landmark Judgments under Section 190 CrPC
Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
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