CrPC Section 219
🔹 Section 219 CrPC: Cognizance of Offenses by Magistrates
🧾 Text (Paraphrased):
A Magistrate of the first class may take cognizance of any offense except those which are:
Exclusively triable by the Court of Session (i.e., serious offenses like murder, rape, etc. which are triable only by Sessions Court), or
Reserved for a Court higher than a Magistrate of the first class.
A Magistrate of the second class may take cognizance of any offense punishable with imprisonment for a term not exceeding three years, or with fine only, or with both.
📝 What does Section 219 CrPC mean?
Cognizance means the power of a court to take notice of an offense and start legal proceedings.
Section 219 explains which Magistrates can take cognizance of what kinds of offenses based on their class and the seriousness of the offense.
This section lays down jurisdictional limits for Magistrates depending on the gravity of offenses.
⚖️ Key Points:
| Magistrate Class | Offenses of which Cognizance can be Taken |
|---|---|
| First Class Magistrate | Any offense except those exclusively triable by Sessions Courts or higher courts. Can take cognizance of most offenses except very serious ones. |
| Second Class Magistrate | Offenses punishable with imprisonment up to 3 years or fine or both. Cannot take cognizance of serious offenses with higher punishments. |
Sessions Court deals with more serious offenses (like murder, rape, robbery, etc.).
Magistrate of first class can handle moderately serious offenses.
Magistrate of second class handles minor offenses.
🔍 Example:
If an offense is punishable with imprisonment of 7 years, only a First Class Magistrate or a Sessions Court can take cognizance.
If an offense is punishable with imprisonment of 2 years or fine, then a Second Class Magistrate can take cognizance.
🔚 Summary:
Section 219 CrPC defines the limits of jurisdiction of Magistrates in taking cognizance of offenses.
It ensures that serious offenses are dealt with by higher courts or first class magistrates, while less serious offenses can be handled by second class magistrates.
This division helps in organizing the criminal justice system efficiently according to the severity of offenses.
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