CrPC Section 177
Section 177 CrPC – Procedure when complaint made to improper Magistrate
Text of Section 177 CrPC:
“Whenever a complaint is made to a Magistrate who is not empowered to take cognizance of the offence referred to in the complaint, he shall, if he thinks fit, either return the complaint for presentation to the proper Magistrate or forward the complaint to such Magistrate.”
🔍 Explanation:
1. Purpose of Section 177
This section addresses the situation when a complaint is filed before a Magistrate who is not competent or authorized to handle that particular offence.
The law ensures the complaint is either:
Returned to the complainant so they can present it to the correct Magistrate, or
Forwarded to the proper Magistrate who has jurisdiction.
2. When does it apply?
A complaint is made to a Magistrate.
The Magistrate is not empowered (not competent) to take cognizance of the offence mentioned.
The Magistrate may either send it to the right Magistrate or return it.
3. What does "not empowered to take cognizance" mean?
Magistrates have different jurisdictions based on the type of offence, severity, and territory.
If the offence falls outside the jurisdiction of the Magistrate who receives the complaint, he cannot proceed with it.
For example:
A Judicial Magistrate Second Class cannot try offences punishable with imprisonment exceeding one year.
If such a Magistrate receives a complaint about a serious offence punishable with 5 years, he is not empowered to handle it.
🧑⚖️ Procedure under Section 177:
The Magistrate receives the complaint.
He checks if he has jurisdiction over the offence.
If not, he decides whether to:
Return the complaint to the complainant, so it can be presented to the correct Magistrate, or
Forward the complaint directly to the proper Magistrate.
🧩 Example:
A person files a complaint about a theft (punishable under IPC Section 379) before a Judicial Magistrate Second Class who is only empowered to try minor offences.
Theft is punishable with imprisonment up to 3 years, which may be beyond the Second Class Magistrate’s sentencing powers.
The Magistrate then forwards the complaint to a Judicial Magistrate First Class or a competent Magistrate to take further action.
✅ Summary:
| Aspect | Explanation |
|---|---|
| Situation covered | Complaint filed to an improper Magistrate |
| Magistrate’s options | Return complaint or forward it |
| Purpose | Ensure complaint is handled by proper Magistrate |
| Ensures | Jurisdictional correctness and procedural fairness |
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