CrPC Section 481
CrPC Section 481: Cognizance of Offenses by Magistrates
Text (simplified understanding):
“Every Magistrate has the authority to take cognizance of an offense under the provisions of this Code only in the manner prescribed. No Magistrate can act arbitrarily; they must follow the procedure laid down by law.”
Explanation:
Purpose of Section 481:
Section 481 ensures that Magistrates follow proper legal procedure before starting proceedings for an offense.
It is meant to prevent abuse of judicial power.
Key Elements of Section 481:
(a) Magistrate’s authority
Magistrates can take cognizance of offenses under the Criminal Procedure Code (CrPC) or IPC.
Cognizance is the formal recognition of a case, allowing the court to start legal proceedings.
A Magistrate cannot take cognizance in any manner they like.
They must follow the specific provisions of the CrPC, depending on the type of offense (cognizable, non-cognizable, summoning offenses, complaints, etc.).
The section does not give any extra powers; it only states that magistrates must follow the law while taking cognizance.
Example:
A theft occurs.
A police report (FIR) is filed.
The Magistrate can take cognizance of the theft only after receiving the police report, as per the procedure in CrPC.
The Magistrate cannot start the case on their own without following the proper steps.
Key Points:
Cognizance means formal recognition of an offense.
Magistrates must act within legal limits; they cannot act arbitrarily.
Procedure under CrPC must be followed to ensure fairness and legality.
Section 481 ensures uniformity and legality in judicial proceedings.
In short, CrPC Section 481 emphasizes that Magistrates can only take cognizance of offenses by following the procedure prescribed by law, ensuring lawful and orderly judicial action.
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