Tag: COGNIZANCE OF OFFENCE

What is Cognition

Cognition The term cognition(Noun- Similar Cognizance) is used in several different loosely related ways. In psychology it is used to refer to the mental processeses of an individual, with particular relation to a view that argues that […]

What is the difference between sec 156 and Sec 202 of Cr.P.C ?

Advocate

The clear position therefore is that any Judicial Magistrate, before taking cognizance of the offence, can order investigation under Section 156(3) of Cr.P.C. If he does so, he is not to examine the complainant on oath because he was not taking cognizance of any offence therein. For the purpose of enabling the police to start investigation it is open to the Magistrate to direct the police to register an FIR.

Can a “special Court” under SC/ST Act, take direct cognizance without committal proceeding

Gangula Ashok and another  Vs State of ANDHRA PRADESH-28/01/2000.-we have no doubt that a Special Court under this Act is essentially a Court of Session and it can take cognizance of the offence when the case is committed to it by the magistrate in accordance with the provisions of the Code. In other words, a complaint or a charge-sheet cannot straightway be laid before the Special Court under the Act.

Cognizance means

What is taking cognizance has not been defined in the Criminal Procedure Code and I have no desire to attempt to define it. It seems to me clear however that before it can be said that any magistrate has taken cognizance of any offence under Section190(1)(a), Criminal Procedure Code, he must not only have applied his mind to the contents of the petition but he must have done so for the purpose of proceeding in a particular way as indicated in the subsequent provisions of this Chapter – proceeding under Section 200 and thereafter sending it for inquiry and report under Section 202.