Who takes cognizance of a non-cognizable offence in a rural village or town?

[V S]

In remote rural villages or small towns there is no court of JMFC or JMSC. In case of non-cognizable offences, does an executive magistrate, such as a circle officer, have the power and needed competence to take cognizance of offence and issue warrant of arrest or order of investigation in absence of a judicial magistrate? Or does a complainant have to travel all the way to his district headquarter and then lodge his complaint pertaining to a non-cognizable offence at a judicial magistrate’s court?

[Dr. Ashok Dhamija]

The executive magistrate does not have the power to take cognizance of the non-cognizable offences. This power is vested in the court of the judicial magistrate.

So, the complainant from the remote village will have to approach the court of the judicial magistrate having jurisdiction over that village for filing the complaint about the non-cognizable offence.

For that matter, even for a cognizable offence, the complainant has to approach the police station which may be at a distance, since such remote village may not have a police station too; and, likewise, the cognizance of such cognizable offence would also have to be taken by the same judicial magistrate whose court may be at a distance from such remote village.

Jurisdiction of courts will not change merely because of distance from the court.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

[V S]

thanks sir.

[Author]

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