102

Question 1

Section 190 Cr.PC

Answer 1

Cognizance of offences by magistrates
Any magistrate of first class or second class specially empowered may cognizance of any offence
Upon receiving complaint of facts
Upon police report of facts
Upon info received from any person other than police officer
Or upon his own knowledge
CJM may empower any Magistrate second class to take cognizance of an offence he is competent to try
When magistrate takes cognizance in good faith which he is not empowered to take, it will not be set aside
But if he does it without police report or complaint it will be void
Cognizance mean taking notice of the matter judicially
Cognizance when magistrate applies his mind to that matter for proceeding
Mere suspicion is not enough
If a complaint is dismissed a fresh complaint can be moved

Question 2

Sec 238 to 243 Cr.PC
Sec 244 to 248

Answer 2

Trial of warrant cases instituted on police report 238 to 243
Trial of warrant cases instituted otherwise than on police report 244 to 248
Two types: summons cases and warrant cases
Less than 2 years summons
More than 2 years warrant
Both initiated by police or otherwise than in police report
Otherwise: accused appears or is brought before magistrate
Magi hears prosecution and takes evidence
On prosecution application issue summons to witnesses or produce doc
If magi considers no prime face case then immediate discharge
But if magi opines there are grounds for questioning accused, and magic has jurisdiction, then frame charges, one writing
Charge shall be read and asked if he pleads guilty
Pleads guilty then record in writing and convict the accused
Not guilty then he shall be asked if he wants to cross the witnesses
After cross and are the witnesses will be discharged
Accused to be asked to enter his defence and produce evidence
Thereupon the magi may either convict or acquit

Question 3

Sec 167 Cr.PC

Answer 3

Procedure when investi cannot be completed in 24 hrs
Person arrested and detained in custody
Appears investi cannot be completed in 24 hrs but accusation well founded police officer will transmit to the nearest JM all the diary entries along with the accused
JM, whether he has or not jurisdiction will from time to time extend detention in custody but not more than 15 days
If he has no jurisdiction, forward him to the Magi who has
Even more than 15 days possible but definitely not more than 90 days if the offence relates to punishment with death, life or ten years
60 days if the offence punishment relates any other ones
Then released on bail if prepared for
Only specially Hc authorized magi class 2 can extend time
Provided no women under 18 years can be detained other than in remand home or social institution
If JM not available then empowered executive magi
Every reason to be recorded