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Questions by Emails


section 190 & 319 crpc

Detailed Question

kindly inform me the difference between section 190 crpc & section 319 crpc


1) Replied By - Advocate Ram Krishna Dwivedi on 11th Jun 2012 ( Total Replies - 169, Total points - 1713 )
Advocates Reply - there is wider difference between section 190 cr.p.c. and 319 cr.p.c.. According to section 190 crpc the Magistrate before whom a Police report is filed has jurisdiction to take or not to take cognizance of any offence. While section 319 crpc summoning an additional accused after recording evidence during trial who is not charge sheeted by police.

2) Replied By - Advocate Manju Dwivedi on 7th Jun 2012 ( Total Replies - 224, Total points - 1863 )
Advocates Reply - Under Section 190 of the Cr.P.C., the Magistrate before whom a Police report is filed has jurisdiction to take or not to take cognizance of any offence. The Magistrate takes cognizance of the offence and not the offenders.That after taking cognizance under Section 190 CrPC, the Metropolitan Magistrate had proceeded further in the case and, therefore, he could not revert back to the first stage (i.e., of taking cognizance) and that additional accused persons could not be summoned by the learned Magistrate and, if at all, they could be summoned under Section 319 CrPC, which power can be exercised

only after the evidence has been recorded.

There remains no doubt about the legal proposition that Sections 319 and 190 of the Code

operate in entirely different fields and Section 319 in no manner whatsoever impinges

upon the powers of the Magistrate under Section 190 of the Code.

3) Replied By - Advocate neeraj dahiya on 3rd Jun 2012 ( Total Replies - 24, Total points - 304 )
Advocates Reply - sec.190 deals with cognizance by MM on a complaint and sec.319 summoning an additional accused as appearing in oral evidence who is not charge sheeted

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