CrPC Section 500
CrPC Section 500: Cognizance of Offences by Magistrates
Text of Section 500 (paraphrased for clarity):
"No court shall take cognizance of any offence except as provided by the Code of Criminal Procedure (CrPC)."
Key Points to Understand:
Definition of Cognizance:
Cognizance means the court’s official recognition that a crime has been committed and that it has the authority to hear the case.
A case cannot proceed in court unless the magistrate takes cognizance.
How Cognizance is Taken:
Upon Police Report (FIR): For cognizable offences, the police investigate and submit a report; the court may take cognizance from this report.
Upon Complaint: For non-cognizable offences, a court may take cognizance only when a complaint is presented directly to the magistrate.
Upon Information from Any Person: The court may take cognizance of an offence based on reliable information from someone, even if no FIR is filed.
Purpose of Section 500:
To ensure courts do not act arbitrarily.
Proceedings start only under conditions specified by CrPC, maintaining proper legal procedure.
Relation with Other Sections:
Section 190 CrPC elaborates on taking cognizance of offences by magistrates.
Section 500 ensures that courts follow procedural safeguards before proceeding with a case.
Illustration / Example:
Cognizable Offence Example:
A person is murdered (Section 302 IPC).
Police register an FIR and investigate.
The magistrate can take cognizance of the offence based on the police report.
Non-Cognizable Offence Example:
A person is verbally abused (minor insult, Section 500 IPC).
No FIR can be registered; the victim can file a complaint directly to the magistrate, who may then take cognizance.
✅ In short:
Section 500 CrPC ensures that courts cannot take notice of offences arbitrarily. They can only proceed with a case when the procedure prescribed by the CrPC—through complaint, police report, or reliable information—is followed.
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