Amendment status not verified — confirm the current text below against the official source.
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 AMENDMENT Section 190A Punjab and Union Territory of Chandigarh: After section 190, insert the follOWing section, namely:- "190A. CogniznnL'e of offences by Executive Magistrate.-Subject to the provisions , of this Chapter any Executive Magistrate may take cognizance of any specified offence-- ,..-- SCRnnm hv rRmSCRnnF --' The Code of Criminal Procedure, 1973 ---- (n) upon receiving a complaint of facts which constitutes such offence: (b) upon a police report of such facts: 135 (c) upon information received f . . . rom any person other than a polIce offIcer, or upon IllS own knowledge, that such offence has been committed." [Vide Punjab Act 22 of 1983, sec. 6 (w.e.f. 27-6.1983).) /' COMMENTS The. Magistrate can ignore th~ conclusion arrived at by the 1.0. and independently apply. hIS mmd to. the facts e~ergmg from the investigation and take cognizance of the case, If .he thmk~ fit and exercise his power under section 190(l)(b). The Magistrate is not bound In such situation to follow the procedure laid down in sections 200 and 202 of the Code for taking cognizance of a case under seclion 190(1)(a) though it is open to him to act under section 200 or section 202 also; Minll KlImnri v. Stnte of Bihnr, (2006) 4 SCC 359.