Code of Criminal Procedure, 1973 · Chapter XIV: Conditions Requisite for Initiation of Proceedings
Section 190: Cognizance of offences by Magistrates
The Code of Criminal Procedure, 1973 was repealed and replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. It still applies to offences and proceedings from before that date.
In plain words
A first class Magistrate, or a specially empowered second class Magistrate, can take cognizance of an offence on a complaint, on a police report, or on information from any other person or their own knowledge. The Chief Judicial Magistrate can empower second class Magistrates for offences within their competence.
A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.
Official text
(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.
Corresponding sections were matched by comparing the wording of both official texts, and for the IPC and BNS, also against a published correspondence table. Wording, punishments and structure often changed, so read both sections before relying on the match.
Source: India Code (Legislative Department), the text of the Act as it stood before its repeal. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.
Supreme Court judgments citing the section 190
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Devendra Kumar v. The State (Nct of Delhi) & Anr.
High Court affirmed the order passed by the CMM directing registration of the FIR against the petitioner for offences punishable u/ss.186 and 341, Penal Code, 1860. Whether the CMM erred in involving the police in a…
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Kallu Nat Alias Mayank Kumar Nagar v. State of U.P. and Anr.
Whether the Court of Session, without itself recording evidence, can summon a person to stand trial in exercise of its powers u/s.193, Code of Criminal Procedure, 1973 as an accused (along with others committed to it by…
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Anurag Bhatnagar & Anr. v. State (NCT of Delhi) & Anr.
(i) Whether the High Court in exercise of its power u/s.482 of CrPC or under Art.226/227 of the Constitution is justified in refusing to quash the FIR No.380/2005, u/ss.420, 120-B and 34 of the IPC and the order dated…
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Ramachandraiah & Anr. v. M. Manjula & Ors.
Whether in the facts and circumstances of the case, the High Court was justified in directing for investigation by the CBI.
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Sivakumar v. The Inspector of Police & Anr.
Issue arose as regards the correctness of the order passed by the High Court dismissing appellant’s petition u/s.482 CrPC seeking quashing of chargesheet against him.
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Rikhab Birani & Anr. v. State of Uttar Pradesh & Anr.
Whether the High Court erred in dismissing the s.482, CrPC application filed by the appellants despite the matter being civil in nature.
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Kanishk Sinha & Another v. The State of West Bengal & Another
Whether the High Court was justified in holding that the direction issued in Priyanka Srivastava v. State of Uttar Pradesh [2015] 4 SCR 108 that a complaint will be accompanied by an affidavit is prospective in nature…
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State of Jharkhand v. Dr. Nishkant Dubey & Ors.
What are the essential conditions that must be satisfied to attract the provisions of Section 366 of the IPC? What are the essentials to constitute a trespass as criminal trespass? Whether the procedure provided under…
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M/s Naresh Potteries v. M/s Aarti Industries and Another
Issue arose as regards whether the complaint filed by the appellant u/s. 138 of the Negotiable Instruments Act, 1881 is in accordance with the requirement u/s.142 of the NI Act.
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Delhi Race Club (1940) Ltd. & Ors. v. State of Uttar Pradesh & Anr.
High Court, if justified in declining to quash and set aside the summoning order passed by the Magistrate, against the appellants-company and its office bearers, for offence punishable u/ss. 406 and 420 IPC.
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Basamsetti Rama Devi v. The State of A.P. & Ors.
In cases relating to quashing of criminal complaint against the accused police officers-respondents in matters of custodial death, whether the High Court was justified in setting aside the committal order and…
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The State of Punjab v. Partap Singh Verka
Correctness of the order passed by the High Court setting aside the order of the trial court which had summoned respondent u/s 319 CrPC to face the trial for the offences u/s. 7/13(2) of the Prevention of Corruption…
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Insolvency and Bankruptcy Board of India v. Satyanarayan Bankatlal Malu & Ors.
Special Court under the Insolvency and Bankruptcy Code, 2016 would be as provided u/s. 435 of the Companies Act as it existed at the time when the Code came into effect, or it would be as provided u/s.435 after the 2018…
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Mukhtar Zaidi v. The State of Uttar Pradesh & Anr.
Whether CJM as also the High Court fell in error in taking cognizance u/s. 190(1)(b) Cr.P.C. inasmuch as the CJM had relied upon not only the Protest Petition which was supported by affidavit of the complainant but also…
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Zunaid v. State of Up. & Ors.
CJM rejected the final report submitted by the investigating officer and accepted the Protest Petition as the Complaint Case, whether the course opted by the CJM was just, legal and proper in the facts and circumstances…
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