What are the conditions when a Magistrate may take cognizance of any offence?

Under that provision a Magistrate’ may take cognizance of any offence in three different ways, namely, (1) upon receiving a complaint of facts which constitute such offence; (2) upon a report in writing of such facts made by any police officer; and (3) upon information received from any person other than a police …

How will a Magistrate take cognizance of a complaint?

Taking cognizance actually does not involve any formal action by the judge or magistrate, because as soon as a magistrate applies his mind to the suspected commission of an offence for the purpose of taking subsequent steps under criminal procedure code for example summoning an accused on the basis of the information …

What is cognizance by Magistrate?

The word ‘cognizance’ indicates the point when a Magistrate or a Judge first takes judicial notice of an offence. It is entirely a different thing from initiation of proceedings; rather it is the condition precedent to the initiation of proceedings by the Magistrate or the Judge.

What is meant by taking cognizance?

: to notice or give attention to (something) He should take cognizance of those who disagree with his theory.

When a magistrate is said to have taken cognizance?

Taking cognizance of an offence is not the same thing as issuance of process. 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 a Magistrate is said to have taken cognizance?

Can a magistrate take cognizance of a private offence?

The Sections 195 to 199 put some limitation on filing complaint or taking cognizance, in regard to certain private offences. As per Section 190 (1) an empowered Magistrate may take cognizance of any offence-

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’.

Can magistrate take cognizance under Section 156 of IPC?

Magistrate must follow the procedure mentioned in the code. However, this is the discretion of the magistrate to direct the police official to take action under 156 or he can himself take cognizance under section 200 of Cr. P.C.

When court does not take cognizance of conspiracy?

The court will not take cognizance in case of an attempt, conspiracy, abetment of offence given in Section 172 to 188 of IPC. According to Section 195 (2), ‘‘Court will not further proceed with the trial when the order of withdrawal is given by a superior officer of a public servant (who has complained).’’