Section 74 in The Rajasthan Law And Judicial Department Manual, 1952
74. District Magistrate to be consulted in non-cognizable cases.
- When the offence is non-cognizable, i.e. one in which column 3 of Schedule 2 of the Code of Criminal Procedure, 1898 (V of 1898) shows that the police may not arrest without warrant and is of a kind not familiar to the department or the officer instituting the prosecution, the District Magistrate should always be consulted as certain formalities may be required in the institution of the case to ensure that the prosecution is legal. The formalities are set out in sub-section (l)(a) of Section 195 and in Section 197 of the Code of Criminal Procedure, 1898 (V of 1898).
