CrPC Section 44
Detailed Explanation of CrPC Section 44
Section 44 of the Code of Criminal Procedure (CrPC), 1973 defines the powers of a Magistrate to take cognizance of offenses. Cognizance means the court’s recognition and acceptance of a case for trial or inquiry. Section 44 specifies which Magistrates have jurisdiction to take cognizance of different types of offenses.
Text of Section 44 (Summary):
"A Magistrate may take cognizance of any offense (except those exclusively triable by the Court of Sessions) upon receiving:
A complaint of facts which constitute such offense, or
Information from any person other than a police officer, or
A police report."
Explanation:
What Does ‘Cognizance’ Mean?
Cognizance is the formal acceptance of a complaint or information by a Magistrate to start investigation, inquiry, or trial.
Without taking cognizance, a Magistrate cannot proceed with criminal cases.
Who Can Take Cognizance?
Section 44 authorizes Magistrates (except those offenses exclusively triable by the Sessions Court) to take cognizance.
Magistrates at various levels include Judicial Magistrates and Executive Magistrates.
Sources of Cognizance:
A Magistrate can take cognizance on three types of inputs:
Complaint: A formal statement made by a private individual alleging commission of an offense.
Information from any person other than a police officer: This can include direct information from victims, witnesses, or any third party.
Police report: A report filed by the police after investigation (often called a charge-sheet).
Exclusions:
Magistrates cannot take cognizance of offenses which are exclusively triable by the Sessions Court under the law. Those cases directly go to Sessions Court.
For such serious offenses (like murder, rape, etc.), the Sessions Court exercises original jurisdiction.
Importance of Section 44:
It lays down the procedural foundation for starting criminal proceedings at the Magistrate level.
It enables citizens and authorities to bring offenses to the notice of courts.
It empowers Magistrates to act on various forms of information and not rely solely on police reports.
Practical Implications:
If someone lodges a complaint of a petty theft, the Magistrate can take cognizance and order investigation or trial.
If the police submit a report after investigating a complaint, the Magistrate can take cognizance and proceed with the case.
Information provided directly by witnesses or victims can prompt a Magistrate to initiate action.
Relation with Other Sections:
Section 44 works with Sections 190 (Cognizance of offenses by Magistrates) and 156 (Police officer’s power to investigate cognizable offenses) to define how criminal proceedings begin.
Summary:
Section 44 empowers Magistrates (except for Sessions Court cases) to take cognizance of offenses.
Cognizance can be taken based on complaints, information from any person, or police reports.
It is the first formal step for a Magistrate to initiate inquiry or trial.
Ensures that Magistrates can act on diverse sources of information, enabling access to justice.
It excludes offenses exclusively triable by the Sessions Court, preserving jurisdictional hierarchy.
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