CrPC Section 378
🔹 Section 378 CrPC – Cognizance of Offences by Magistrates
🔸 Text of Section 378 CrPC:
(1) No Court shall take cognizance of an offence except on a complaint made by a competent authority or upon a police report of such an offence or upon information received from any person other than a Magistrate, or upon his own knowledge that such offence has been committed.
(2) The Court may take cognizance of any offence upon the report of a police officer or upon information received from any person other than a Magistrate or upon his own knowledge.
🔹 Explanation:
1. What Does “Taking Cognizance” Mean?
Taking cognizance means the court acknowledges the existence of a prima facie case and decides to start judicial proceedings.
It is the first step in initiating a trial or inquiry.
2. Key Points of Section 378:
A Magistrate cannot take cognizance of an offence without proper grounds.
Cognizance can be taken:
On a complaint made by a competent authority or person.
On a police report submitted after investigation.
On information received from any person other than a Magistrate.
On the Magistrate’s own knowledge (suo motu).
3. Purpose of Section 378:
To ensure that courts do not take up cases arbitrarily.
To provide a formal process for initiating criminal proceedings based on credible information.
To prevent misuse of the judicial system.
4. Who Can Initiate the Process?
Competent Authority or Person: Anyone who can make a formal complaint.
Police Officer: Can submit a police report after investigation.
Any Other Person: Can inform the Magistrate about an offence.
Magistrate: Can act on their own knowledge (suo motu cognizance).
5. Relation with Other Sections:
Section 190 CrPC elaborates the procedure for taking cognizance.
Section 378 sets the general principle that cognizance must be based on a formal complaint, police report, information, or Magistrate’s knowledge.
🔹 Summary:
Section 378 CrPC lays down the foundational rule that a Magistrate can only take cognizance of an offence upon receiving credible information in the form of a complaint, police report, information from any person, or on his own knowledge.
It ensures that judicial proceedings are initiated on proper grounds.
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