Conditions Requisite for Initiation of Criminal Proceeding and Final Report
By
Dr. Chandrika Prasad Sharma
There is a separate chapter in the Code of Criminal Procedure, entitled “Condition requisite for initiation of proceedings (Chapter XIV). In this chapter, S. 190 of the Code reads as under
Cognizance of offences by Magistrates
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.
May take cognizance of any offence
upon receiving a complaint of facts which constitute such offence;
upon a police report of such facts;
upon information received from any person other than a police officer, or upon his own knowledge, that such offence has been committed.
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 inquir ....