What are the exceptions to the general rule of law that any citizen can set the machinery of criminal law in motion? Illustrate your answer.

Question: What are the exceptions to the general rule of law that any citizen can set the machinery of criminal law in motion? Illustrate your answer. [Raj J.S. 1989]

Find the answer only on Legal Bites. [What are the exceptions to the general rule of law that any citizen can set the machinery of criminal law in motion? Illustrate your answer.]

Answer

Any person may set the criminal law in motion by filing a complaint even if he is not personally affected by the offence committed. However, certain restrictions or limitations have been imposed on the wider powers of the magistrate’s power to take cognizance under Section 190 of the code of criminal procedure and these restrictions have been placed under Sections 195-199 of CrPC.

Sections 195-199 are exceptions to the general rule that any person having knowledge of the commission of an offence, may set the law in motion by a complaint, even though he is not personally interested or affected by the offence. The general rule is that any person having knowledge of the commission of an offence may set the law in motion by a complaint even though he is not personally interested in, or affected by the offence.

To this general rule, Sections 195 to 199 of CrPC provide exceptions, for they forbid cognizance being taken of the offences referred to therein except where there is a complaint by the Court or the public servant concerned. The provisions of these sections are mandatory and the Court has no jurisdiction to take cognizance of any of the offenses mentioned therein unless there is a complaint in writing as required by the section concerned.

Section 198 lays down an exception to the general rule that a complaint can be filed by anybody even if not connected to the victim and modifies this by saying that only an aggrieved person or person specified under the section can file a complaint relating to offences relating to marriage.

The object of this section is to prevent a Magistrate of his own motion from inquiring into cases of marriage unless the husband or other authorized person complains so, but once a case has been placed before him, a Magistrate is free to proceed against any person implicated. It must be understood that this section neither confers any power of cognizance on the court nor a right to complain to the aggrieved person.

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