What do you mean by taking cognizance of Offence?

”Cognizance” in general meaning is said to be ‘knowledge’ or ‘notice’, and taking ‘cognizance of offences’ means taking notice, or becoming aware of the alleged commission of an offence. The judicial officer will have to take cognizance of the offence before he could proceed with the conduct of the trial.

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.

What is taking cognizance in CRPC?

(c) upon information received from any person other than a police-officer, or upon his own knowledge or suspicion, that such offence has been committed.

Who can take cognizance of an offence under CRPC?

(2) The Chief Judicial Magistrate may empower any Magistrate of the second class to take cognizance under sub-section (1) of such offences as are within his competence to inquire into or try.

What is judicial cognizance?

The power, authority, and ability of a judge to determine a particular legal matter. A judge’s decision to take note of or deal with a cause. That which is cognizable to a judge is within the scope of his or her jurisdiction.

What are the basis of taking cognizance by a Magistrate?

(1) Except as otherwise expressly provided by this Code or by any other law for the time being in force, no Court of Session shall take cognizance of any offence as a Court of original jurisdiction unless the accused has been 1[sent] to it by a Magistrate duly empowered in that behalf.

What is meant by cognizance in CRPC?

Who can take cognizance of offence under CRPC?

class 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.

Which Court 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 …

When can a Court take cognizance of marriage Offences?

The court shall take cognizance of the offense under Section 376 of the Indian Penal Code. which says that such offense consists of sexual intercourse by a man to his own wife and the wife is under the age of eighteen years and if more than one year pass from the date of the commission of the offense.

What is the difference between cognisance and cognizance of offence?

However the meaning of the terms is well settled by the Courts. Taking cognisance is the first and foremost steps towards trial. Cognisance literally means knowledge or notice, and taking cognizance of offence means taking notice, or becoming aware of the alleged commission of an offence.

What does it mean to take cognizance?

What is taking cognizance has not been defined in the criminal procedure code. 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 does it mean to take cognizance of the court?

However the term has acquired a definite connotation through well settled judicial pronouncements. The term “taking cognizance” actually means “become aware of”, but in reference to a Court or a Judge, it means “to take notice of judicially”. The term has no mystic significance in criminal law.

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-