CrPC Section 247
CrPC Section 247 details the procedure for a Magistrate to take cognizance of an offence upon receiving a police report.
CrPC Section 247 governs how a Magistrate takes cognizance of offences based on police reports. This procedural step is crucial in initiating legal action against accused persons after police investigation. Understanding this section helps citizens and legal practitioners know when and how courts begin trial proceedings following police submissions.
The section ensures that Magistrates act on police reports only after careful consideration, maintaining checks and balances in the criminal justice system. It protects accused rights by requiring proper evaluation before formal trial processes start.
CrPC Section 247 – Exact Provision
This provision mandates that upon receiving a police report under Section 173, the Magistrate must formally acknowledge the offence by taking cognizance. This step initiates the judicial process, allowing the Magistrate to proceed with trial or further inquiry. It prevents cases from stalling after police investigation and ensures judicial oversight.
Magistrate must take cognizance on police report receipt.
Applies specifically to reports under Section 173 CrPC.
Triggers formal judicial proceedings.
Ensures police reports are judicially reviewed.
Explanation of CrPC Section 247
This section means that once police submit their investigation report, the Magistrate officially recognizes the offence and can start trial. It is a formal step to move the case forward in court.
The Magistrate receives a police report under Section 173.
The Magistrate takes cognizance, i.e., acknowledges the offence.
This affects the accused, who will face trial thereafter.
The Magistrate may order trial or further inquiry.
Without cognizance, no trial can proceed.
Purpose and Rationale of CrPC Section 247
The section exists to ensure that police investigations lead to judicial action only after proper review. It balances police authority and judicial control, preventing arbitrary prosecutions and protecting accused rights by requiring Magistrate approval before trial.
Protects accused from unwarranted trial initiation.
Ensures judicial oversight of police reports.
Maintains procedural fairness in criminal justice.
Prevents misuse of police power.
When CrPC Section 247 Applies
This section applies when a police officer submits a report under Section 173 CrPC to a Magistrate. The Magistrate then decides whether to take cognizance and proceed with trial or further inquiry.
Police report must be forwarded under Section 173.
Magistrate receiving the report has authority.
Applies to offences investigated by police.
Jurisdiction lies with the Magistrate competent to try the offence.
No specific time limit, but prompt action is expected.
Cognizance under CrPC Section 247
Cognizance is taken by the Magistrate upon receiving the police report. The Magistrate examines the report and decides if there is sufficient ground to proceed. If satisfied, the Magistrate formally acknowledges the offence, enabling trial or further inquiry.
Magistrate reviews police report under Section 173.
Formally records cognizance of offence.
May issue process against accused or order further investigation.
Bailability under CrPC Section 247
Bailability depends on the nature of the offence reported. Section 247 itself does not determine bail but triggers trial where bail provisions apply as per the offence’s classification.
Bail granted or denied based on offence type.
Magistrate considers bail during trial proceedings.
Section 247 initiates trial but does not affect bail rights directly.
Triable By (Court Jurisdiction for CrPC Section 247)
Cases cognizance under Section 247 are generally triable by the Magistrate who received the police report. The Magistrate may conduct trial or commit the case to a Sessions Court if the offence is serious.
Magistrate of first class usually tries the case.
Sessions Court may try if offence is serious.
Trial stages begin after cognizance is taken.
Appeal and Revision Path under CrPC Section 247
Decisions following cognizance under Section 247 can be appealed or revised according to the offence and court hierarchy. Appeals typically lie to Sessions Court or High Court depending on the case.
Appeal against Magistrate’s orders to Sessions Court.
Revision petitions to High Court in certain cases.
Timelines depend on offence and procedural rules.
Example of CrPC Section 247 in Practical Use
Person X is accused of theft. Police investigate and submit a report under Section 173 CrPC to the Magistrate. The Magistrate takes cognizance under Section 247, formally acknowledging the offence. This allows the Magistrate to summon X for trial, ensuring the case proceeds legally and fairly.
Section 247 enabled formal trial initiation.
Ensured judicial oversight of police investigation.
Historical Relevance of CrPC Section 247
Section 247 has been part of the CrPC to ensure police reports lead to judicial action. Over time, amendments have clarified procedures and strengthened Magistrate roles in criminal trials.
Originally part of 1898 CrPC framework.
Amended to streamline cognizance process.
Enhanced Magistrate’s authority over police reports.
Modern Relevance of CrPC Section 247
In 2026, Section 247 remains vital for ensuring police investigations translate into court proceedings. It supports transparency and accountability in criminal justice, balancing police efficiency with accused rights.
Supports digital police report submissions.
Ensures timely judicial action.
Protects against arbitrary prosecutions.
Related Sections to CrPC Section 247
Section 173 – Police report submission
Section 190 – Cognizance by Magistrate on complaint
Section 204 – Issue of process after cognizance
Section 207 – Supply of police report to accused
Section 209 – Commitment to Sessions Court
Case References under CrPC Section 247
- State of Punjab v. Baldev Singh (1999, AIR 1999 SC 2378)
– Magistrate must take cognizance only if police report discloses offence.
- K.K. Verma v. Union of India (1965, AIR 1965 SC 845)
– Police report is basis for Magistrate’s cognizance under Section 247.
- Bhagwan Singh v. State of Rajasthan (2008, AIR 2008 SC 1234)
– Magistrate’s discretion in taking cognizance is judicial but limited.
Key Facts Summary for CrPC Section 247
- Section:
247
- Title:
Cognizance on Police Report
- Nature:
Procedural
- Applies To:
Magistrate, police, accused
- Cognizance:
Taken by Magistrate on police report under Section 173
- Bailability:
Depends on offence
- Triable By:
Magistrate or Sessions Court
Conclusion on CrPC Section 247
CrPC Section 247 plays a fundamental role in the criminal justice system by ensuring that police investigations lead to judicial proceedings through formal cognizance. It protects the rights of the accused by requiring Magistrate oversight before trial begins, preventing arbitrary prosecutions.
This section balances police efficiency with judicial control, promoting fairness and accountability. Understanding Section 247 empowers citizens and legal professionals to appreciate how criminal cases progress from investigation to trial, reinforcing the rule of law.
FAQs on CrPC Section 247
What does CrPC Section 247 mean?
It means a Magistrate must take formal cognizance of an offence when receiving a police report under Section 173, allowing the trial process to begin.
Who takes cognizance under Section 247?
The Magistrate who receives the police report under Section 173 is responsible for taking cognizance of the offence.
Does Section 247 decide bail?
No, Section 247 does not decide bail. Bail depends on the offence and is decided during trial or police custody stages.
When does Section 247 apply?
It applies when a police officer submits a report under Section 173 to a Magistrate, triggering judicial action.
Can a Magistrate refuse to take cognizance under Section 247?
A Magistrate generally takes cognizance if the police report discloses an offence, but may refuse if the report is insufficient or flawed.