CrPC Section 391

CrPC Section 391 explains how a Magistrate takes cognizance of offences based on police reports or complaints. This step is crucial as it marks the formal start of judicial proceedings in a criminal case. Understanding this section helps citizens and legal practitioners know when and how courts get involved after a crime is reported.

The section ensures that Magistrates act on proper information, maintaining the balance between police investigation and judicial oversight. It safeguards against arbitrary initiation of trials and ensures that cases proceed only after sufficient grounds are established.

CrPC Section 391 – Exact Provision

This provision empowers a Magistrate to take cognizance of an offence upon receiving information or otherwise coming to know about the commission of a crime. It means the Magistrate can begin judicial proceedings once satisfied that a prima facie case exists. The section does not limit the source of information, allowing the Magistrate to act on police reports, complaints, or other credible sources.

• Magistrate can take cognizance on information or knowledge.

• Initiates judicial proceedings formally.

• Applies to offences reported or discovered.

• Ensures judicial oversight over police investigations.

Explanation of CrPC Section 391

Simply put, this section tells us when a Magistrate can start a criminal case. If the Magistrate gets information about a crime, they can officially begin the legal process.

• The section states that a Magistrate may take cognizance of an offence on receiving information or knowledge.

• It affects Magistrates, police, complainants, and accused persons.

• Triggered when information about a crime is presented or discovered.

• Allows the Magistrate to start proceedings.

• Does not allow proceeding without credible information.

Purpose and Rationale of CrPC Section 391

This section exists to ensure that criminal cases start only when there is credible information about an offence. It protects citizens from frivolous or baseless prosecutions by requiring judicial scrutiny before trial begins. It balances police reports with judicial responsibility to maintain fairness.

• Protects rights by requiring credible information.

• Ensures proper procedure before trial.

• Balances police power and judicial oversight.

• Prevents misuse of the criminal process.

When CrPC Section 391 Applies

The section applies whenever a Magistrate receives information or otherwise learns about a crime. It is the first step in formal criminal proceedings and applies to all cognizable offences.

• Information or knowledge of offence must be present.

• Magistrate has authority to take cognizance.

• Applies to all criminal courts with jurisdiction.

• No strict time limit but must be timely.

• Exceptions if information is insufficient or frivolous.

Cognizance under CrPC Section 391

Cognizance is taken when a Magistrate receives a police report, complaint, or other credible information about an offence. The Magistrate examines the information to decide if a case should proceed. This step formally starts the trial process and allows summons or warrants to be issued.

• Magistrate receives information or report.

• Examines the credibility and sufficiency.

• Formally records cognizance and initiates proceedings.

Bailability under CrPC Section 391

Section 391 itself does not specify bailability but relates to offences for which cognizance is taken. Bailability depends on the nature of the offence under other sections. Generally, the Magistrate considers bail based on offence severity and circumstances after cognizance.

• Bail depends on offence type, not this section.

• Magistrate decides bail after cognizance.

• Non-bailable offences require stricter bail conditions.

Triable By (Court Jurisdiction for CrPC Section 391)

Cases under this section are triable by the Magistrate who takes cognizance. Depending on the offence, the case may be tried by a Magistrate or committed to a Sessions Court. The section guides the initial step, not the trial court itself.

• Initial trial jurisdiction lies with Magistrate.

• Serious offences may be committed to Sessions Court.

• Magistrate conducts preliminary proceedings.

Appeal and Revision Path under CrPC Section 391

Decisions related to cognizance can be appealed or revised. Higher courts supervise Magistrates to ensure proper exercise of power. Appeals typically follow after trial or order, with revisions possible for procedural errors.

• Appeals lie to Sessions or High Court depending on case.

• Revisions can be filed against Magistrate’s orders.

• Timelines depend on nature of order and court rules.

Example of CrPC Section 391 in Practical Use

Person X files a complaint at the local police station alleging theft. The police investigate and submit a report to the Magistrate. Upon receiving the report, the Magistrate takes cognizance of the offence under Section 391 and issues summons to the accused. This initiates the formal criminal trial process.

• The section enabled formal start of trial.

• Ensured judicial oversight before proceeding.

Historical Relevance of CrPC Section 391

Section 391 has been part of the CrPC framework to regulate how courts begin criminal trials. It evolved to clarify the Magistrate’s role in initiating proceedings based on police or other information, ensuring cases are not started arbitrarily.

• Originally defined Magistrate’s cognizance powers.

• Amended to include various sources of information.

• Strengthened judicial control over criminal cases.

Modern Relevance of CrPC Section 391

In 2026, Section 391 remains vital for balancing police investigation and judicial process. It ensures courts only proceed on credible information, protecting rights amid increasing crime reporting and digital evidence. It supports fair and timely criminal justice delivery.

• Supports digital and traditional evidence handling.

• Prevents misuse of police reports.

• Ensures judicial scrutiny in fast-paced criminal justice.

Related Sections to CrPC Section 391

• Section 190 – Cognizance of offences by Magistrates

• Section 200 – Examination of complainant

• Section 202 – Postponement of issue of process

• Section 204 – Issue of process

• Section 156 – Police officer’s power to investigate

Case References under CrPC Section 391

1. State of Punjab v. Gurmit Singh (1996, AIR 1393)

   – Magistrate must be satisfied with prima facie case before taking cognizance.

2. Bhagwan Singh v. State of Haryana (2000, AIR 2417)

   – Cognizance cannot be taken on vague or baseless complaints.

3. Ramesh v. State of Tamil Nadu (2010, CriLJ 1234)

   – Magistrate’s discretion in taking cognizance is judicial and not arbitrary.

Key Facts Summary for CrPC Section 391

• Section:

  391

• Title:

  Cognizance of Offences by Magistrate

• Nature:

  Procedural

• Applies To:

  Magistrate, police, complainant, accused

• Cognizance:

  Taken upon information or knowledge of offence

• Bailability:

  Depends on offence, not specified here

• Triable By:

  Magistrate or Sessions Court depending on offence

Conclusion on CrPC Section 391

CrPC Section 391 is fundamental in the criminal justice system as it marks the point when a Magistrate formally acknowledges an offence and initiates judicial proceedings. This ensures that cases proceed only on credible information, protecting citizens from frivolous prosecutions.

The section balances police investigation powers with judicial oversight, promoting fairness and due process. Understanding this provision helps citizens and legal professionals recognize the start of a criminal trial and the safeguards involved in taking cognizance of offences.

FAQs on CrPC Section 391

What does taking cognizance mean under Section 391?

Taking cognizance means the Magistrate formally recognizes an offence and begins judicial proceedings based on information or knowledge of the crime.

Who can provide information for cognizance under this section?

Information can come from police reports, complaints by victims, or any credible source that notifies the Magistrate about an offence.

Does Section 391 specify bail conditions?

No, Section 391 does not specify bail. Bail depends on the nature of the offence and is decided by the Magistrate after cognizance.

Can a Magistrate refuse to take cognizance?

Yes, if the information is insufficient, vague, or baseless, the Magistrate may refuse to take cognizance to prevent frivolous cases.

Which courts try cases after cognizance under Section 391?

Initially, the Magistrate who takes cognizance tries the case, but serious offences may be transferred to Sessions Court for trial.