Power of taking cognizance of offence by a Magistrate of First class or second class is provided
Show Hint
- Under Section 173 Of Criminal Procedure Code
- Under Section 190 of Criminal Procedure Code
- Under Section 190 of Indian Penal Code
- None of the above
The Correct Option is B
Solution and Explanation
Step 1: Understanding the Concept:
The question asks for the legal provision that empowers a Magistrate to "take cognizance" of an offence. Taking cognizance is the first step by a court towards initiating a criminal proceeding.
Step 2: Detailed Explanation:
'Cognizance' is a procedural concept, so the relevant law is the Code of Criminal Procedure, 1973 (CrPC).
- Section 190 of the CrPC is titled "Cognizance of offences by Magistrates."
- Section 190(1) states that any Magistrate of the first class, and any Magistrate of the second class specially empowered in this behalf, 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.
This section is the direct source of a Magistrate's power to take cognizance.
- Section 173 of CrPC deals with the final report of the police after investigation (the charge-sheet). The Magistrate takes cognizance based on this report under Section 190(1)(b).
- Section 190 of the Indian Penal Code does not exist. The IPC defines offences and their punishments, it does not deal with court procedure.
Step 3: Final Answer:
The power of a Magistrate to take cognizance of an offence is provided under Section 190 of the Code of Criminal Procedure.
Top Questions on Criminal Procedure
Having heard the learned Counsels for the parties, and on perusal of the ma terial on record, the primary issue which arises for consideration of this Court is ”whether a review or recall of an order passed in a criminal proceeding initiated under section 340 of CrPC is permissible or not?” [...] A careful consideration of the statutory provisions and the aforesaid decisions of this Court clarify the now-well settled position of jurisprudence of Section 362 of CrPC which when summarized would be that the criminal courts, as envisaged under the CrPC, are barred from altering or reviewing in their own judgments except for the exceptions which are explicitly provided by the statute, namely, correction of a clerical or an arithmetical error that might have been committed or the said power is provided under any other law for the time being in force. As the courts become functus officio the very moment a judgment or an order is signed, the bar of Section 362 CrPC becomes applicable. Despite the powers provided under Section 482 CrPC which, this veil cannot allow the courts to step beyond or circumvent an explicit bar. It also stands clarified that it is only in situations wherein an application for recall of an order or judgment seeking a procedural review that the bar would not apply and not a substantive review where the bar as contained in Section 362 CrPC is attracted. Numerous decisions of this Court have also elaborated that the bar under said provision is to be applied stricto sensu.
(Extracted with edits and revisions from Vikram Bakshi v. RP Khosla 2025 INSC 1020)- CLAT PG - 2026
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