CrPC Section 428
๐ What Does Section 428 Say?
Section 428 gives a court the discretion to refuse to take cognizance of an offence if the court believes that the complaint or case is false or frivolous.
๐ Key Points of Section 428
Discretionary Power:
The court may refuse (not must) to take cognizance of an offence if:
The complaint appears to be false, frivolous, or vexatious.
There is no sufficient ground for proceeding.
Purpose:
To prevent the wasting of judicial time on cases that have no merit or are made with malicious intent.
Cognizance:
โTaking cognizanceโ means the court formally recognizes the offence and starts the judicial process (like issuing summons or warrants).
Not Mandatory:
The section uses the word โmay,โ so refusal is discretionary. Courts decide based on facts.
๐งญ Why is Section 428 Important?
Protects innocent persons from baseless or malicious prosecutions.
Helps reduce frivolous litigation clogging the judicial system.
Ensures courts only deal with genuine cases.
๐ Illustration
If someone files a complaint accusing a person of a crime without any reasonable evidence or purely to harass, the court can refuse to take cognizance under Section 428.
๐ Summary
Section 428 empowers courts to refuse to entertain frivolous or false complaints.
It is a safeguard against misuse of the legal process.
The decision is at the discretion of the court.
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