CrPC Section 21
Section 21 of the Criminal Procedure Code (CrPC), 1973
Power to Examine the Case and Take Cognizance
Text of Section 21 (in brief):
When a Magistrate receives a complaint of a criminal offense or a police report, he may examine the case on the basis of such complaint or report and take cognizance of the offense as per the provisions of the CrPC.
Detailed Explanation:
1. Receiving Complaint or Police Report:
A Magistrate can receive a complaint directly from any person alleging the commission of a crime.
Alternatively, a police report (charge-sheet) submitted by the police after investigation can also be presented before the Magistrate.
2. Examination of the Case:
Upon receiving the complaint or police report, the Magistrate is empowered to examine the case.
This examination is preliminary and involves assessing whether the complaint or report discloses a prima facie case of a cognizable or non-cognizable offense.
3. Taking Cognizance:
If satisfied that the case falls within the jurisdiction and the complaint or report discloses sufficient grounds, the Magistrate can take cognizance of the offense.
Taking cognizance means the Magistrate officially recognizes the offense and initiates legal proceedings.
4. Legal Basis:
This power is granted under Sections 190 and 200 of the CrPC, and Section 21 refers specifically to the Magistrate’s role in examining and deciding on the complaint or police report.
Importance of Section 21:
Section 21 empowers Magistrates to begin judicial proceedings based on complaints or police reports.
It ensures that Magistrates act as gatekeepers to filter out frivolous or baseless complaints before trials proceed.
It establishes the role of the Magistrate in initiating investigation or trial after due scrutiny.
It safeguards the accused from arbitrary prosecution by requiring Magistrate’s preliminary scrutiny.
Practical Example:
If a person files a complaint of theft before a Magistrate, the Magistrate can examine the facts and evidence in the complaint.
If the Magistrate finds that there is a valid case, he will take cognizance and direct the police to investigate or proceed with trial.
Conversely, if the complaint is vague or baseless, the Magistrate may dismiss it or order further inquiry.
Summary Table:
| Aspect | Details |
|---|---|
| Authority | Magistrate |
| Power | Examine complaint or police report and take cognizance of offense |
| Purpose | Initiate criminal proceedings based on prima facie case |
| Safeguard | Prevent arbitrary or frivolous prosecution |
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