Who can take cognizance of an offence?

A Court of Session under the Criminal Procedure Code can only take cognizance under Section 193 of the Criminal Procedure Code which provides that no Court of Session shall take cognizance of any offence as a court of original jurisdiction unless the accused has been committed by Magistrate and of course unless …

What is meant by taking cognizance by Magistrate?

Literally it means ‘to become aware of’, but when used with reference to a Court or a Magistrate, it means to take ‘judicial notice of an offence’. Thus the word cognizance has been used in the Code to indicate the points when the Magistrate or Judge for the first time takes judicial notice of an offence.

How a Magistrate of the first class can take cognizance of any offence?

COGNIZANCE OF OFFENCES BY MAGISTRATE Any First class Magistrate and any Second Class Magistrate can acknowledge any offence. Section 190-199 of the code defines the procedures by which various criminal courts are entitled to take cognizance of offences, and the restrictions under which they are entitled.

Can a Magistrate refuse to take cognizance on police report?

The order of the Magistrate refusing to take cognizance is revisable. This power of revision can be exercised by the superior Court, which in this case, will be the Court of Sessions itself, either on the revision petition that can be filed by the aggrieved party or even suo moto by the revisional Court itself.

What is a complaint What is meant by Magistrate taking cognizance When can a Magistrate postpone the issue of process?

Any Magistrate on the acceptance of a complaint of an offence which he is authorized to take the cognizance may, if he thinks suitable, may in this case where the accused is residing at a place beyond the area of jurisdiction then the postponement of issue of process against the accused, and either investigate into the …

How cognizance of an offence can be taken?

Cognizance is taken at the initial stage when the Magistrate applies his judicial mind to the facts mentioned in a complaint or to a police report or upon information received from any other person that an offence has been committed.

When can a magistrate take cognizance of an offence?

It has been ruled that the magistrate can take cognizance of an offense if he is satisfied about the material. According to S. 190(1)(c) the magistrate can take cognizance of any offense upon the information received from any person other than a police officer or upon his knowledge.

When can court take cognizance against public servants?

161, 164 or s. 165 of the Indian Penal Code or s. 5(2) of the Act committed by a public servant and that person is a public servant, cognizance cannot be taken by a court unless a sanction by the competent authority has been previously accorded.

What is the procedure to be followed by the magistrate not competent to take cognizance of the case?

If the complaint is made to a Magistrate who is not competent to take cognizance of the offence he shall, if the complaint is in writing, return it for presentation to the proper Court with an endorsement to that effect; if the complaint is not in writing, direct the complainant to the proper Court.

Can a Magistrate take cognizance?

According to Section 202, ”The Magistrate authorised to take cognizance or made over to him under Section 192 may postpone the issue against the accused, and either inquire himself or by police officers or other persons as he thinks fit, for the purpose of deciding whether or not there is sufficient ground for …

Is there any limitation in criminal cases?

At present there is no period of limitation for criminal prosecution and a court cannot throw out a complaint or a police report solely on the ground of delay although inordinate delay may be a ground for entertaining doubts about the truth of the prosecution story.

Can a magistrate take cognizance of an offence by himself?

Or refer the case to the police under Section 156 (3) Cr. P.C. To conclude, it is right to said that under Section 200 of the Code of criminal procedure, a magistrate can take cognizance of an offence by himself after getting a complaint in written and must be signed by the complainant. Magistrate must follow the procedure mentioned in the code.

What does it mean to take cognizance of an offence?

Literally it means to become aware of, but when used with reference to a Court or a Magistrate, it means to take judicial notice of an offence. What is taking cognizance has not been defined in the criminal procedure code.

Can a second class magistrate take cognizance under section 190(1)?

In Section 190 (2), it is given that Second class magistrate can be empowered by Chief Judicial Magistrate to take cognizance under Section 190 (1). Section 191 deals with ‘Transfer on the application of the accused’.

What is the difference between magistrate and Sessions Court?

A Sessions Court may have power to try a case but not to take cognizance of the offence. On the other hand a Magistrate has power to take cognizance of an offence but not to inquire into or try the case. The Criminal Procedure Code, vide Section 195 to Section 199, prescribes the limitations on taking cognizance.