The Code of Criminal Procedure, 1973 (CrPc)
190. Cognizance of offences by Magistrates.
(1) Subject to the provisions of this Chapter, any Magistrate of the first 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 it 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 AMENDMENT
Punjab and Union Territory of Chandigarh:
After section 190 insert the following section, namely.
“190A. Cognizance of offences by Executive Magistrate.-Subject to the provisions of this chapter any Executive Magistrate may take Cognizance of any special 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.”
[Vide Punjab Act 22 of 1983 (w.e.f 27-6-1983)].
