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

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 cognizance of the offence without prior sanction from the appropriate authority as per the Maharashtra amendment to Section 190.
2. Sanction Requirement: The sanctioning authority must decide within 90 days whether to grant permission to prosecute Mr. Verma. If the authority fails to make a decision within this period, the sanction is deemed to be granted.
3. Proceeding with Cognizance: Once the sanction is obtained (or deemed to be obtained), the Magistrate can take cognizance of the offence and proceed with the case.

Example 3:

Scenario: A local activist, Ms. Rao, informs the Magistrate about an illegal construction happening in her area.

Application of Section 190:

1. Information from Ms. Rao: Ms. Rao, who is not a police officer, provides information to the Magistrate about the illegal construction. The Magistrate, using his own knowledge and the information provided by Ms. Rao, takes cognizance of the offence under Section 190(1)(c).
2. Magistrate's Own Knowledge: If the Magistrate himself has knowledge of the illegal construction, he can take cognizance of the offence based on his own knowledge under Section 190(1)(c).

Example 4:

Scenario: In Assam, an Executive Magistrate receives a report about a public nuisance caused by a factory emitting harmful smoke.

Application of Section 190 with Assam Amendment:

1. Executive Magistrate's Role: In Assam, as per the state amendment, an Executive Magistrate can also take cognizance of offences. The Executive Magistrate receives a report about the factory causing public nuisance.
2. Taking Cognizance: The Executive Magistrate, upon receiving the report, takes cognizance of the offence and initiates proceedings to address the public nuisance under Section 190(1).

These examples illustrate how Section 190 of the Code of Criminal Procedure, 1973, is applied in various real-life scenarios in India, including specific state amendments.