Code of Criminal Procedure, 1973

(1) 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 (2), 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.

(2) 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 inquire into or try.

STATE AMENDMENTS

Maharashtra

Amendment of section 190.-- In section 190 of the said Code, in sub-section (1), after clause (c), following provisos shall be added, namely:--

"Provided that, no Magistrate shall take cognizance of any offence alleged to have been committed by any person who is or was a public servant as defined under any other law for the time being in force, while acting or purporting to act in the discharge of his official duties, except with the previous sanction under section 197 of the Code of Criminal Procedure, 1973 (2 of 1974) or under any law for the time being in force:

Provided further that, the sanctioning authority shall take a decision within a period of ninety days from the date of the receipt of the proposal for sanction and in case the sanctioning authority fails to take the decision within the said stipulated period of ninety days, the sanction shall be deemed to have been accorded by the sanctioning authority.".

[Vide Maharashtra Act 33 of 2016, s. 3.]

Assam

In Section 190 of the Code, in sub-section (1), after the words "any Magistrate of the first class the words "any Executive Magistrate" shall be inserted;

[Vide Assam Act 3 of 1984, s. 3(3) and the Schedule.]

Manipur

In section 190 of the Code, after sub-section (2), the following sub-section shall be added, namely:--

"(3) Any specified Executive Magistrate may, to the exclusion, of any other Magistrate take cognizance, under sub-section (1), of any offence specified in clause (a) of sub-section (1) of section 4 of the Code of Criminal Procedure (Manipur Second Amendment) Act 1984, and the reference in sub-section (1) of this section to a Magistrate of the first class shall, in relation to such offence, be construed as reference to a Specified Executive Magistrate.".

[Vide Manipur Act 3 of 1985, s. 4(2) and the Schedule]