CrPC Section 419
🔹 Section 419 CrPC – Power to Order Issue of Process or Take Other Steps for Investigation or Inquiry
🔸 Text of Section 419 CrPC:
Whenever it appears to a Magistrate, upon information received from any person or otherwise, that any person has committed an offence, or is about to commit an offence, the Magistrate may,
(a) order an investigation to be made by the police or other authority, or
(b) direct a police officer to investigate the case, or
(c) take cognizance of the offence upon such information and proceed in accordance with law, or
(d) issue summons or warrants for the appearance of the accused or witnesses, or
(e) take such other steps as it thinks fit for the purpose of inquiring into or investigating the offence.
🔹 Explanation:
1. Purpose of Section 419:
To give Magistrates flexibility and authority to act upon information received about a crime.
Enables the Magistrate to initiate necessary legal procedures such as investigation, inquiry, issuing process (summons/warrants), or taking cognizance.
2. When Does Section 419 Apply?
When the Magistrate receives information (complaint, police report, or any other source) indicating that an offence has been or is about to be committed.
This information can come from any person or official source.
3. Powers of the Magistrate under Section 419:
Order investigation by police or any other competent authority.
Direct police officer to investigate a case.
Take cognizance and proceed according to law without necessarily waiting for police report.
Issue summons or warrants to accused or witnesses.
Take other appropriate steps for inquiry or investigation.
4. Significance:
Empowers the Magistrate to take proactive steps in criminal matters.
Prevents undue delays in starting investigations or inquiries.
Supports quick administration of justice by enabling Magistrates to act promptly on credible information.
Allows Magistrates to exercise discretion to choose the most appropriate action based on the situation.
5. Relation with Other Sections:
Section 419 works with other provisions that regulate investigation, inquiry, and cognizance of offences (like Sections 190 and 156(3) CrPC).
It acts as a procedural provision to facilitate early steps in criminal proceedings.
🔹 Summary:
Section 419 empowers a Magistrate to act on information regarding an offence by ordering investigation, taking cognizance, issuing summons or warrants, or any other necessary step.
It ensures the criminal justice process begins promptly and efficiently once information about an offence is received.
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