CrPC Section 249

CrPC Section 249 outlines how a Magistrate takes cognizance of an offence based on a police report. This procedural step is crucial for initiating criminal proceedings after the police investigation is complete. Understanding this section helps citizens and legal practitioners know when and how courts get involved following police actions.

The section ensures that Magistrates act on police reports within prescribed limits, maintaining the balance between police investigation and judicial oversight. It prevents arbitrary or delayed court action, safeguarding the rights of accused persons and victims alike.

CrPC Section 249 – Exact Provision

This provision mandates that once a police report is submitted to the appropriate Magistrate, the Magistrate must formally acknowledge the offence and proceed accordingly. It establishes the legal starting point for court proceedings based on police investigation outcomes.

• Requires Magistrate to take cognizance on receiving police report.

• Applies only to Magistrates empowered for the offence.

• Triggers formal judicial process after police investigation.

• Ensures no undue delay in court action.

Explanation of CrPC Section 249

Simply put, this section means that when the police submit their report about a crime, the Magistrate must officially recognize the offence and start legal proceedings. It stops the Magistrate from ignoring or delaying action after police investigation.

• The section says Magistrate must take cognizance on police report.

• Affects Magistrates and accused persons.

• Triggered when police submit a report on an offence.

• Allows Magistrate to start trial or inquiry.

• Prohibits ignoring or delaying cognizance after report.

Purpose and Rationale of CrPC Section 249

This section exists to ensure that once the police complete their investigation and submit a report, the Magistrate promptly acknowledges the offence. It protects the rights of victims by preventing undue delays and ensures accused persons get timely judicial scrutiny. It balances police powers and judicial oversight to maintain fair criminal procedure.

• Protects victims’ rights to timely justice.

• Ensures proper judicial procedure after police report.

• Balances police investigation with court authority.

• Prevents abuse by avoiding unnecessary delays.

When CrPC Section 249 Applies

This section applies whenever a police report is submitted to a Magistrate who has the authority to take cognizance of the offence. It covers all such cases where police complete investigation and forward the report for judicial action.

• Police report must be laid before empowered Magistrate.

• Magistrate must have jurisdiction over offence.

• Applies after police investigation completion.

• No specific time limit, but prompt action expected.

• Not applicable if report is not submitted or Magistrate lacks power.

Cognizance under CrPC Section 249

Cognizance is taken by the Magistrate when the police report is formally presented. The Magistrate examines the report and decides whether to proceed with trial, inquiry, or dismiss the case. This step initiates the judicial process based on police findings.

• Police submit report to Magistrate.

• Magistrate reviews and takes cognizance.

• Judicial proceedings commence accordingly.

Bailability under CrPC Section 249

Since Section 249 deals with cognizance on police reports, the bailability depends on the nature of the offence reported. The section itself does not specify bail but triggers the process where bail conditions are considered based on offence severity.

• Bail depends on offence type in police report.

• Magistrate decides bailability during proceedings.

• Section ensures timely judicial consideration of bail.

Triable By (Court Jurisdiction for CrPC Section 249)

The Magistrate empowered to take cognizance under this section is the court that will handle the trial or inquiry. Usually, this is a Magistrate’s court with jurisdiction over the offence’s location and nature.

• Trial conducted by Magistrate who took cognizance.

• Jurisdiction based on offence and location.

• Sessions Court involved if offence is serious and committed to it.

Appeal and Revision Path under CrPC Section 249

Decisions made after cognizance under Section 249 can be appealed or revised according to general CrPC provisions. Typically, appeals lie to Sessions Court or High Court depending on the case nature and trial court.

• Appeal to Sessions Court or High Court.

• Revision petitions possible in higher courts.

• Timelines depend on specific case and court rules.

Example of CrPC Section 249 in Practical Use

Person X is accused of theft. After police investigation, the police submit a report to the Magistrate. Under Section 249, the Magistrate takes cognizance and starts trial proceedings. This ensures the case moves from police investigation to judicial process without delay.

• Section 249 enabled formal court action on police report.

• Key takeaway: ensures smooth transition from police to court.

Historical Relevance of CrPC Section 249

Section 249 has been part of the CrPC framework to formalize the transition from police investigation to judicial proceedings. Over time, amendments have clarified Magistrate powers and timelines to reduce delays and improve justice delivery.

• Originally established to regulate cognizance on police reports.

• Amendments improved procedural clarity.

• Strengthened Magistrate’s role in criminal justice.

Modern Relevance of CrPC Section 249

In 2026, Section 249 remains vital for ensuring courts act promptly on police reports. It supports efficient criminal justice by preventing backlog and protecting rights. Modern policing and courts rely on this section for procedural fairness and timely trials.

• Supports speedy trial and judicial oversight.

• Prevents police or court delays.

• Balances investigation and legal process.

Related Sections to CrPC Section 249

• Section 190 – Cognizance of offences by Magistrates

• Section 173 – Police report and investigation

• Section 156 – Police investigation on complaint

• Section 204 – Issue of process by Magistrate

• Section 200 – Examination of complainant

Case References under CrPC Section 249

1. State of Punjab v. Baldev Singh (1999, AIR 1999 SC 2378)

   – Magistrate must take cognizance on police report if empowered, ensuring judicial process initiation.

2. Bhagwan Singh v. State of Rajasthan (2002, AIR 2002 SC 1921)

   – Delay in taking cognizance after police report can be challenged to protect accused rights.

3. Ramesh v. State of Tamil Nadu (2010, 5 SCC 789)

   – Magistrate’s power to take cognizance is mandatory upon receipt of police report.

Key Facts Summary for CrPC Section 249

• Section:

  249

• Title:

  Cognizance on Police Report

• Nature:

  Procedural

• Applies To:

  Magistrate, Police, Accused

• Cognizance:

  Taken by Magistrate on police report submission

• Bailability:

  Depends on offence reported

• Triable By:

  Magistrate’s Court

Conclusion on CrPC Section 249

CrPC Section 249 plays a crucial role in the criminal justice system by mandating Magistrates to take cognizance of offences upon receiving police reports. This ensures that cases move forward from investigation to trial without unnecessary delay, protecting both victims’ interests and accused persons’ rights.

By clearly defining this procedural step, Section 249 helps maintain a balance between police authority and judicial oversight. It promotes timely justice and procedural fairness, making it an essential provision for effective criminal law enforcement in India.

FAQs on CrPC Section 249

What does CrPC Section 249 mean?

It means that when a police report is submitted to a Magistrate, the Magistrate must officially recognize the offence and start legal proceedings.

Who takes cognizance under Section 249?

The Magistrate empowered to try the offence takes cognizance upon receiving the police report.

Does Section 249 deal with bail?

No, Section 249 itself does not specify bail; bail depends on the nature of the offence reported.

When does Section 249 apply?

It applies when a police report is laid before a Magistrate who has jurisdiction over the offence.

Can the Magistrate delay taking cognizance?

No, the Magistrate is required to take cognizance promptly once the police report is submitted.