CrPC Section 513
CrPC Section 513 – Cognizance of offences by Magistrates
Text of Section 513 (simplified):
“No Magistrate shall take cognizance of any offence under this Code except—
(a) upon receiving a complaint of facts which constitute such offence; or
(b) upon a police report of such facts; or
(c) upon information received from any person other than a police officer; or
(d) upon his own knowledge that an offence has been committed.”
Detailed Explanation
Nature of Section 513:
This section deals with the manner in which a Magistrate can take cognizance of an offence.
“Cognizance” means the Magistrate formally recognizes that an offence has occurred and initiates legal proceedings.
Key Points:
A. Methods of Taking Cognizance:
A Magistrate can take cognizance of an offence through:
Complaint by a person – The aggrieved party files a written complaint describing the offence.
Police report (FIR) – The police investigate and submit a report under Section 173 of CrPC.
Information from a person other than a police officer – Any citizen can inform the Magistrate about an offence.
Own knowledge of the Magistrate – The Magistrate may know about an offence independently, for example through official records or personal observation.
A Magistrate cannot act on mere suspicion. There must be sufficient information or proof to take cognizance.
Section 513 ensures that the Magistrate’s power is regulated and formal.
Purpose of Section 513:
To ensure proper procedure before a criminal case begins.
To prevent arbitrary initiation of criminal proceedings.
To define the sources of information from which a Magistrate may act.
Relationship with Other Sections:
Section 513 works together with Sections 190 and 192 of CrPC, which also regulate the procedure for taking cognizance and complaints.
Example:
A man files a complaint that his car was stolen.
The Magistrate can take cognizance based on this complaint.
Police submit a report after investigating a robbery.
The Magistrate can take cognizance based on the police report.
A citizen informs a Magistrate about a local fraud.
The Magistrate can initiate proceedings based on this information.
A Magistrate notices illegal mining activity in their jurisdiction.
They may take cognizance on their own knowledge.
✅ In short:
CrPC Section 513 specifies how a Magistrate can officially recognize an offence—whether through a complaint, police report, information from others, or their own knowledge—and ensures that criminal proceedings follow a proper, legal procedure.
RELATED Blog
0 comments