Question

Power of taking cognizance of offence by a Magistrate of First class or second class is provided

• A. Under Section 173 of Criminal Procedure Code
• B. Under Section 190 of Criminal Procedure Code
• C. Under Section 190 of Indian Penal Code
• D. None of the above

Hint:

Distinguish between the document that triggers cognizance and the section that grants the power. The charge sheet (S.173) or complaint (S.200) are documents, but the power to act on them stems from S.190 Cr.PC.

Answer 1

The Correct Option is B

Step 1: Understanding the Concept:
"Taking cognizance" is the first step by which a court or Magistrate applies their mind to a suspected commission of an offence for the purpose of initiating judicial proceedings against the offender. The power to do so is a specific statutory power.

Step 2: Detailed Explanation:
Section 190 of the Code of Criminal Procedure, 1973 (Cr.PC) is the key provision dealing with the 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.
- Section 173 of Cr.PC deals with the police report (chargesheet) submitted after investigation. While a Magistrate takes cognizance upon a police report, the power to take cognizance itself is granted by Section 190.
- The Indian Penal Code (IPC) defines offences and punishments; it does not contain procedural provisions like the power to take cognizance.

Step 3: Final Answer:
The power of a Magistrate to take cognizance of an offence is provided under Section 190 of the Criminal Procedure Code.