CONDITIONS REQUISITE FOR INITIATION OF PROCEEDINGS (SECTIONS 190-199)

by | Oct 19, 2023

INTRODUCTION

The Indian legal system has a well-defined Conditions Requisite For The Initiation Of Criminal Proceedings. Sections 190 to 199 of the Code of Criminal Procedure (CrPC) outline various aspects of when and how legal action can be taken against individuals for alleged criminal offenses. In this blog, we will delve into these sections, breaking down the conditions and requirements for the commencement of proceedings.

SECTION 190 – COGNIZANCE OF OFFENSES BY MAGISTRATES

Magistrates of the First and Second Class specially empowered can take cognizance of offenses in three ways :-

  • Upon receiving a complaint detailing the offense.
  • Based on a police report.
  • If they receive information from a non-police source or have knowledge of the offense.

A Chief Judicial Magistrate can empower a Second-Class Magistrate to take cognizance of specific offenses within their jurisdiction.

SECTION 191 – TRANSFER ON APPLICATION OF THE ACCUSED

When a Magistrate takes cognizance based on their knowledge (Section 190c), the accused must be informed of the right to request the case be transferred to another Magistrate. If the accused objects, the Chief Judicial Magistrate can specify another Magistrate for the case.

SECTION 192 – MAKING OVER OF CASES TO MAGISTRATES

Chief Judicial Magistrates can transfer cases for inquiry or trial to subordinate competent Magistrates. Magistrates of the First Class can also make such transfers based on orders from the Chief Judicial Magistrate.

SECTION 193 – COGNIZANCE OF OFFENSES BY COURTS OF SESSION

Courts of Session can only take cognizance of offenses if a Magistrate commits the case to them as per the CrPC or other relevant laws.

SECTION 194 – ADDITIONAL AND ASSISTANT SESSIONS JUDGES

Additional and Assistant Sessions Judges can try cases transferred to them by the Sessions Judge or directed by the High Court through special orders.

SECTION 195 – PROSECUTION FOR CONTEMPT, OFFENSES AGAINST PUBLIC JUSTICE, AND OFFENSES RELATING TO DOCUMENTS GIVEN IN EVIDENCE

This section restricts the initiation of proceedings for certain offenses, including contempt of lawful authority, offenses against public justice, and document-related offenses. Such proceedings generally require written complaints from specific authorities or the court itself.

SECTION 195A – PROCEDURE FOR WITNESSES IN CASE OF THREATS

This section allows witnesses or any person to file complaints related to offenses under section 195A of the Indian Penal Code.

SECTION 196 – PROSECUTION FOR OFFENSES AGAINST THE STATE

No Court can take cognizance of offenses against the State or criminal conspiracy without the previous sanction of the Central or State Government.

SECTION 197 – PROSECUTION OF JUDGES AND PUBLIC SERVANTS

Judges, Magistrates, and certain public servants accused of offenses during the discharge of their official duty can only be prosecuted with the prior sanction of the respective Government authorities.

SECTION 198 – PROSECUTION FOR OFFENSES AGAINST MARRIAGE

Offenses against marriage under Chapter XX of the Indian Penal Code can only be prosecuted when a complaint is made by the aggrieved party or authorized persons. Special provisions apply to cases involving the Armed Forces.

SECTION 198A – PROSECUTION OF OFFENSES UNDER SECTION 498A  INDIAN PENAL CODE

Section 498A of IPC  (cruelty to married women) can be prosecuted upon a police report or a complaint by the aggrieved party or authorized family members.

SECTION 198B – COGNIZANCE OF OFFENSE IN MARITAL RELATIONSHIPS

Offenses under section 376B (sexual intercourse by a man with his wife under 18 years) in marital relationships require a complaint filed by the wife.

SECTION 199 – PROSECUTION FOR DEFAMATION

  • Courts can only consider offenses in Chapter XXI of the Indian Penal Code when a complaint is filed by the aggrieved person.
  • Exceptions exist for individuals under 18, those with disabilities, and women in specific circumstances.
  • Offenses against high-ranking officials can be pursued without the case being committed to a Court of Session if the Public Prosecutor files a written complaint.
  • The complaint must include essential details of the offense and be filed within six months.
  • Public Prosecutors need prior approval from relevant authorities to file a complaint.
  • Victims still have the right to approach a Magistrate for their complaint if needed.

CONCLUSION

Understanding these legal provisions is crucial for anyone involved in the Indian legal system. These sections ensure that criminal proceedings are initiated in a fair and just manner, protecting the rights of both the accused and the complainant. It’s essential to adhere to these procedural requirements to maintain the integrity of the criminal justice system in India.

Reference:

1-https://m.economictimes.com/news/india/spreading-fake-news-could-land-people-in-jail-for-three-years-under-new-bharatiya-nyaya-sanhita-bill/amp_articleshow/102669105.cms -THE ECONOMIC TIMES 

2-https://www.hindustantimes.com/cities/delhi-news/delhi-riots-court-takes-cognisance-of-sedition-charges-against-18-101614730909524-amp.html -HINDUSTAN TIMES

3-https://m.timesofindia.com/city/bengaluru/decide-on-prosecution-sanction-in-six-months-court-tells-karnataka-govt/amp_articleshow/99047252.cms -THE TIMES OF INDIA

4-https://indianexpress.com/article/cities/delhi/no-distinction-married-child-rape-victims-unmarried-ones-delhi-hc-8599402/lite/ -THE INDIAN EXPRESS 

5-https://m.economictimes.com/slander-libel-videotape/articleshow/9489710.cms -THE ECONOMIC TIMES 

Written By Archana Singh

I am Archana Singh, a recent law master's graduate with a strong aspiration for the judicial service. My passion lies in elucidating complex legal concepts, disseminating legal news, and enhancing legal awareness. I take immense pride in introducing my new legal website - The LawGist. Through my meticulously crafted blogs and articles, I aim to empower individuals with comprehensive legal insights. My unwavering dedication is to facilitate a profound comprehension of the law, enabling people to execute judicious and well-informed choices.

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