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Criminal Lawyer in Indore

Difference between a criminal complaint filed under section 200 and 190 of Cr.P.C.

In the Indian legal system, a criminal complaint can be filed under two different sections of the Code of Criminal Procedure (Cr.P.C.) – Section 200 and Section 190.

Section 200 of the Cr.P.C. deals with the procedure for filing a complaint before a Magistrate. Under this section, any person can file a complaint before a Magistrate regarding the commission of an offence. The Magistrate then examines the complainant and any witnesses present, and if the Magistrate is satisfied that there are sufficient grounds for proceeding, he or she may initiate proceedings against the accused.

On the other hand, Section 190 of the Cr.P.C. deals with the power of a Magistrate to take cognizance of an offence. Under this section, a Magistrate can take cognizance of an offence in one of three ways – on a complaint, on a police report, or on his or her own knowledge. If the Magistrate takes cognizance of an offence on a complaint, the procedure laid down in Section 200 is followed.

In simpler terms, the main difference between a complaint filed under Section 200 and one filed under Section 190 of the Cr.P.C. is that a complaint filed under Section 200 is a standalone complaint filed by an individual, while a complaint filed under Section 190 can be based on a police report, the Magistrate’s own knowledge, or a complaint filed by an individual. However, in both cases, if the Magistrate is satisfied that there are sufficient grounds for proceeding, he or she may initiate proceedings against the accused.


Advocate J S Rohilla

Mobile: 8827122304


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