128. Cognizance of offences by Magistrate’s Court
Feedback & supportSubject to this Code, a Magistrate’s Court may take cognizance of an offence —
Magistrate
“Magistrate” means a Magistrate appointed by the Chief Justice under the Subordinate Courts Act;
upon receiving a complaint as defined by this Code;
upon the knowledge or suspicion of a Magistrate that an offence has been committed;
whenever it appears to the Attorney-General that an offence has been committed and he, by his warrant under his hand, requires a Magistrate to inquire into the offence and that Magistrate receives the warrant; or
on any person being brought before the Court in custody without process accused of having committed an offence which the Court has jurisdiction either to inquire into or to try.
When a Magistrate’s Court takes cognizance of an offence under subsection (1) (b) the accused or, when there are several persons accused, any one of them shall be entitled to require that the case shall not be tried by the Magistrate upon whose knowledge or suspicion the Magistrate’s Court has taken cognizance of the case but shall either be tried by another Magistrate or committed for trial. [127
offence
“offence” means any act or omission made punishable by any law for the time being in force;