CrPC Section 497
CrPC Section 497: Cognizance of Offenses Punishable Under IPC
Text (simplified understanding):
“No court shall take cognizance of any offense punishable under the Indian Penal Code (IPC) except on—
Complaint made by a person authorized by law, or
Police report made under the provisions of the Code.”
Explanation:
Purpose of Section 497:
Section 497 regulates how courts can start proceedings for offenses under the IPC.
The main idea is that a court cannot act on its own unless there is a proper complaint or police report.
Key Elements of Section 497:
(a) Cognizance
“Cognizance” means the court formally recognizes a case and can start proceedings.
Without cognizance, the court cannot take any action.
Complaint by an authorized person:
For example, the victim or any person authorized by law.
Example: In a defamation case, the person defamed can file a complaint.
Police report:
The police investigate and submit a report to the court.
Example: In a theft case, the police file an FIR and send a report.
Exclusion of other methods
Courts cannot start a case on their own initiative (suo motu) for ordinary IPC offenses.
They need either a complaint or police report.
Example:
A person is allegedly assaulted by someone.
The victim files a complaint with the court or registers an FIR with the police.
The court can then take cognizance based on the complaint or police report.
If there is no complaint or police report, the court cannot start proceedings on its own.
Key Points:
Cognizance is mandatory: No court can act without proper procedure.
Complaints vs. police reports:
Complaints: Usually for offenses requiring a victim’s initiative.
Police reports: Usually for cognizable offenses investigated by police.
Prevents arbitrary action: Ensures that courts act only when there is proper authorization.
In short, CrPC Section 497 ensures that courts take cognizance of IPC offenses only when there is either a complaint by an authorized person or a police report, preventing arbitrary judicial action.
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