Commencement of Criminal Proceedings Before Magistrate
📌 Commencement of Criminal Proceedings Before a Magistrate
Relevant Law: Code of Criminal Procedure, 1973 (CrPC)
🔹 1. Modes of Commencement
Criminal proceedings before a Magistrate can begin in the following ways:
a) Filing of a Complaint (Section 200 CrPC)
A complaint is made to a Magistrate alleging commission of an offence (oral or written).
The Magistrate may:
Take cognizance under Section 190(1)(a)
Examine the complainant and witnesses on oath
Issue process (summons/warrant) if a prima facie case is found
b) Police Report (Charge Sheet) (Section 173 CrPC)
When police investigate a cognizable offence (based on FIR), they submit a charge sheet to the Magistrate.
The Magistrate may:
Take cognizance under Section 190(1)(b)
Proceed to trial or commit to a higher court, depending on the nature of the offence
c) Information Received by the Magistrate (Section 190(1)(c))
The Magistrate may take cognizance suo motu upon receiving credible information or upon knowledge from any source (e.g. media reports).
🔹 2. Taking Cognizance (Section 190 CrPC)
"Taking cognizance" means the Magistrate applies his judicial mind to the facts to proceed with the case.
No formal action is needed; it’s a mental process indicating willingness to examine the offence.
🔹 3. Preliminary Steps After Cognizance
Once cognizance is taken, the Magistrate may:
Examine the complainant and witnesses (if case is complaint-based) – Section 200
Dismiss the complaint if no offence is made out – Section 203
Issue process (summons or warrant) if prima facie offence is found – Section 204
Direct investigation by police – Section 202 (especially if complainant case appears doubtful)
🔹 4. Classification of Offences for Trial
Summons Case: Less serious offences; simpler procedure
Warrant Case: More serious offences; detailed procedure
Session Triable Offences: Committed by Magistrate to Sessions Court for trial
🔹 5. Jurisdiction of Magistrate
Judicial Magistrates of First Class: Can try offences punishable up to 3 years or with fine
Chief Judicial Magistrate: Can try more serious cases within magisterial powers
Metropolitan Magistrate: Same powers as Judicial Magistrates in metro areas
📌 Conclusion:
The commencement of criminal proceedings before a Magistrate is a structured legal process governed primarily by Sections 190 to 204 of CrPC. The Magistrate plays a critical gatekeeping role to ensure only prima facie valid complaints or police reports proceed to trial, thereby protecting individuals from frivolous or baseless prosecution.
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