Section 126 CrPC: Procedure Explained – Code of Criminal Procedure
1. State the code
Section 126 of the Code of Criminal Procedure (CrPC) deals with the procedure for taking cognizance of offenses by Magistrates.
2. Explain it
This section outlines the process a Magistrate must follow when they become aware of an offense. It emphasizes the importance of due process and ensures that no action is taken without proper investigation and consideration.
Key points of Section 126 include:
- Cognizance of Offenses: A Magistrate can only take cognizance of an offense based on specific grounds outlined in the CrPC. These grounds include:
- A complaint made by a person alleging that an offense has been committed.
- Information received from a police officer.
- A report of an investigation conducted by the police.
- Duty of the Magistrate: The Magistrate has the duty to examine the information received and decide whether there is sufficient ground to proceed with an investigation.
- No Cognizance Without Investigation: A Magistrate cannot take cognizance of an offense unless an investigation is conducted, except in certain specified cases where immediate action is required.
- Power to Order Investigation: If the Magistrate considers that there is sufficient ground to proceed, they may order an investigation to be conducted by the police.
3. Illustrate it
Imagine a situation where a person is injured in a road accident. The victim files a complaint with the police, alleging that the driver of the other vehicle was driving recklessly. The police investigate the matter, collect evidence, and submit a report to the Magistrate. The Magistrate, upon examining the report and other evidence, will decide whether to take cognizance of the offense of negligent driving and order further investigation or action.
4. Common Questions and Answers
Q: What happens if a Magistrate takes cognizance of an offense without proper investigation?
A: Such action would be considered illegal and could be challenged in a higher court. Section 126 emphasizes the importance of due process and prevents hasty action.
Q: Can a Magistrate take cognizance of an offense based on hearsay evidence?
A: Generally, no. Hearsay evidence is not considered reliable enough to warrant taking cognizance. However, there might be exceptions in certain cases.
Q: What are the consequences of failing to comply with the procedures outlined in Section 126?
A: Failing to follow the prescribed procedures could lead to the case being quashed in a higher court. It could also result in disciplinary action against the Magistrate.
