Prayagraj, December 26, 2025: The Allahabad High Court has issued a significant order in a case of harassment, stating that a Magistrate cannot add or subtract sections of the Indian Penal Code (IPC) while taking cognizance of an offense. The Court clarified that changes to the sections are only permissible at the stage of framing charges, not when taking cognizance.
In a harassment case from Mirzapur, the police, after investigation, filed a chargesheet against the petitioners under sections 354A (sexual harassment), 504 (intentional insult with intent to provoke breach of peace), and 506 (criminal intimidation) of the IPC.
The accused party approached the court seeking cancellation of the summons order, arguing that the Magistrate should have the authority to remove or alter sections while taking cognizance.
A bench of Justice Pravin Kumar Giri dismissed the petition, stating that the Magistrate cannot alter the sections during the process of taking cognizance. The court also stated that removing or adding sections is equivalent to the stage of framing charges, which should only be done at a predetermined time for further prosecution.
The Court said that taking cognizance means proceeding with the case, while permission to amend sections should only be granted at the time of charge framing to ensure strict compliance with the rules of the Code of Criminal Procedure (CrPC).
A Magistrate cannot add or subtract IPC sections when taking cognizance. Changes to the sections are only possible at the charge framing stage.
