Section 190 of CrPC : Section 190: Cognizance of offences by Magistrates.

CrPC

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Explanation using Example

Example 1:

Scenario: A local resident, Mr. Sharma, witnesses a theft in his neighborhood and decides to report it.

Application of Section 190:

  1. Complaint by Mr. Sharma: Mr. Sharma goes to the Magistrate of the first class and files a complaint detailing the theft he witnessed. The Magistrate, upon receiving the complaint, takes cognizance of the offence under Section 190(1)(a).
  2. Police Report: Alternatively, Mr. Sharma could have reported the theft to the local police station. The police, after conducting a preliminary investigation, file a report to the Magistrate. The Magistrate then takes cognizance of the offence based on the police report under Section 190(1)(b).
  3. Information from a Third Party: If another neighbor, Mrs. Gupta, who is not a police officer, informs the Magistrate about the theft, the Magistrate can take cognizance of the offence under Section 190(1)(c).

Example 2:

Scenario: A government official, Mr. Verma, is accused of accepting a bribe while performing his official duties.

Application of Section 190 with Maharashtra Amendment:

  1. Complaint Against Mr. Verma: A citizen files a complaint against Mr. Verma for accepting a bribe. However, since Mr. Verma is a public servant, the Magistrate cannot take cognizanc...

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