Case at a glance: The Supreme Court has restored a Magistrate's cognizance under Sections 302 and 201 IPC in a case where a young man drowned after being taken out by the accused. It held that a Magistrate may take cognizance despite a police closure report, and that Section 161 CrPC statements, though not usable at trial, can be considered at the cognizance stage.
The appellant's son drowned after the second respondent took him out of his house for a walk. Police filed a closure report, which the Magistrate initially accepted while treating the father's protest petition as a complaint. After a revisional order, the Magistrate took cognizance under Sections 302 and 201 IPC.
The Patna High Court set that cognizance aside in May 2026. The father appealed.
The Key Question Before the Court
Can a Magistrate take cognizance despite a closure report, and can Section 161 statements be considered at that stage?
Cognizance Is a Different Stage
The Court said a Magistrate's power to take cognizance despite a closure report “requires no reiteration”. A postmortem showing drowning does not mean “there was absolutely no foul play”, and the High Court had misread the FIR.
Section 161 statements “cannot be relied on at the trial” but can be looked at for cognizance. The Court relied on H.S. Bains, Abhinandan Jha, Ram Naresh Prasad, Ramswaroop Soni and Brajesh Kumar, and said its observations do not bind the trial.
What the Court Actually Held
- The High Court order was set aside and the matter remanded for an expedited trial.
- Respondent No. 2 must appear before the Magistrate within two weeks, failing which he is to be taken into custody; on appearance he is to be released on bail on conditions.
- Observations do not bind the trial.
Why This Judgment Matters
- It reaffirms the Magistrate's independent role despite closure reports.
- It clarifies the use of Section 161 statements at cognizance.
- It protects families seeking scrutiny of suspicious deaths.
What Should Advocates Take Away From the Judgment?
For Complainants' Counsel
- File protest petitions with material, including Section 161 statements, to support cognizance.
For Defence Counsel
- Remember that Section 161 statements remain inadmissible as substantive evidence at trial.
Key Takeaways
- Magistrates can take cognizance despite closure reports.
- Section 161 statements may be considered at cognizance.
- Drowning does not rule out foul play.
- Matter remanded for trial.
Frequently Asked Questions
Yes. The Court reaffirmed the Magistrate's power to take cognizance despite it.
At the cognizance stage, yes; at trial, they cannot be relied on as substantive evidence.
He must appear within two weeks and will be released on bail on conditions once he appears.
Conclusion
The order ensures that a suspicious death will be examined at trial rather than closed on a police report.
Practical takeaway: Use protest petitions and investigation material to persuade the Magistrate to take cognizance where the closure report is weak.