CrPC Section 179
Section 179 CrPC: Cognizance of Offences by Magistrates
🔹 Bare Act Text of Section 179 CrPC:
179. Cognizance of offences by Magistrates.
(1) A Magistrate of the first class may take cognizance of any offence except offences punishable with death or imprisonment for life.
(2) A Magistrate of the second class may take cognizance—
(a) of any offence punishable with fine only, or
(b) of any other offence when specifically empowered by the Code to take cognizance of such offence.
(3) For the purposes of this section—
(a) the powers of a Magistrate of the first class shall, subject to the provisions of this Code, be exercisable by the Chief Judicial Magistrate or Additional Chief Judicial Magistrate;
(b) the powers of a Magistrate of the second class shall, subject to the provisions of this Code, be exercisable by the Judicial Magistrate of the first class.
🔍 Detailed Explanation:
1. What does 'Cognizance' mean?
Cognizance means taking notice or accepting a case for trial by the Magistrate.
Before a Magistrate can start inquiry or trial, they must first take cognizance of the offence.
2. Classification of Magistrates:
First Class Magistrate: Has more powers, can take cognizance of more serious offences (except those punishable by death or life imprisonment).
Second Class Magistrate: Has limited powers, generally can take cognizance of less serious offences.
3. Scope of Powers of Magistrates under Section 179:
First Class Magistrate can take cognizance of:
All offences except those punishable by death or imprisonment for life.
For example, offences punishable with imprisonment up to 10 years, or fines.
Second Class Magistrate can take cognizance of:
Offences punishable with fine only (minor offences).
Other offences only if specifically empowered by the CrPC or other laws to do so.
4. Subsection (3): Delegation of Powers
The powers of a First Class Magistrate are exercisable by:
Chief Judicial Magistrate (CJM) or
Additional Chief Judicial Magistrate (ACJM).
The powers of a Second Class Magistrate are exercisable by:
Judicial Magistrate of the First Class.
5. Why is Section 179 important?
It defines the hierarchy and limits of judicial authority among Magistrates.
Ensures serious offences are tried by competent Magistrates.
Prevents lower Magistrates from trying cases beyond their jurisdiction, maintaining proper administration of justice.
6. Examples:
A First Class Magistrate can take cognizance of offences like theft, assault, or cheating (except if punishable with life imprisonment or death).
A Second Class Magistrate can take cognizance of offences like public nuisance, simple hurt, or petty theft (if punishable by fine).
7. Limitations:
No Magistrate can take cognizance of offences punishable with death or life imprisonment under this section. Such cases must be taken cognizance of by Sessions Courts or Special Courts.
📝 Summary Table
| Magistrate Class | Offences they can take cognizance of |
|---|---|
| First Class Magistrate | All offences except punishable by death or life imprisonment |
| Second Class Magistrate | Offences punishable with fine only or others if empowered |
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