Question
Under section 190(2) of CrPC who may empower any
Magistrate of second class to take cognizance of offences?Solution
Judicial Magistrate second class can take up cognizance of matters under s.190 as per directions of Chief Judicial Magistrate. A CJM is a magistrate who is the administrative head of all the magistrates. S. 190. Cognizance of offences by Magistrates. (1) Subject to the provisions of this Chapter, any Magistrate of the first class, and any Magistrate of the second class specially empowered in this behalf under sub- section (2), may take cognizance of any offence- (a) upon receiving a complaint of facts which constitute such offence; (b) upon a police report of such facts; (c) upon information received from any person other than a police officer, or upon his own knowledge, that such offence has been committed. (2) The Chief Judicial Magistrate may empower any Magistrate of the second class to take cognizance under sub- section (1) of such offences as are within his competence to inquire into or try.
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