CrPC Section 192

05 Jun 2025 --
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Section 192 of the Criminal Procedure Code (CrPC), 1973 – Cognizance of Offences Upon Police Report or Complaint

Overview:

Section 192 of the CrPC outlines the procedure for a Magistrate to take cognizance of an offence upon receiving a police report or a complaint. It specifies when and how a Magistrate can initiate judicial proceedings based on such information.

Text of Section 192 (Simplified):

When a police report or complaint is submitted to a Magistrate:

The Magistrate may take cognizance of the offence,

And proceed according to the provisions of the CrPC,

Provided that in case of a police report, the offence must be cognizable or,

If non-cognizable, the police must have obtained the Magistrate's permission for investigation.

Detailed Explanation:

Taking Cognizance:

Cognizance means that the Magistrate formally recognizes that an offence has been committed and is competent to try or inquire into it.

This is the first step towards the start of the judicial process.

Sources of Cognizance:

Police Report: Usually a First Information Report (FIR) or investigation report submitted by police after investigating a cognizable offence.

Complaint: A formal allegation made by a private individual or entity.

Conditions:

For cognizable offences, the Magistrate can take cognizance based on the police report directly.

For non-cognizable offences, police require prior permission from the Magistrate to investigate, and only then can the Magistrate take cognizance.

The Magistrate may refuse to take cognizance if the report or complaint is insufficient or frivolous.

Magistrate's Powers after Taking Cognizance:

Summon the accused,

Issue warrants,

Conduct inquiry or trial,

Take other necessary judicial actions.

Importance of Section 192:

Ensures the legal validity of starting judicial proceedings based on police investigations or complaints.

Maintains a balance between police powers and judicial oversight.

Practical Implications:

After a police investigation of a cognizable offence, the police submit a report to the Magistrate.

The Magistrate reviews the report and can initiate court proceedings against the accused.

Complaints made directly by individuals are also considered under this section for starting legal action.

Summary:

Section 192 of the CrPC authorizes a Magistrate to take cognizance of offences based on police reports or complaints and proceed with inquiry or trial accordingly. It is a crucial step in the criminal justice process, ensuring judicial oversight over police investigations.