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 […]
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.
Power of officers of appropriate government to impose penalty in certain cases (Sec 85) No court shall take cognizance of any offence punishable under this Code, save on a complaint made […]
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.
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.
Magistrates before taking cognizance should apply their mind to ascertain as to whether there is any legal bar to take cognizance
Whenever a private complaint is lodged, the learned Magistrates have to go through the contents of the complaint in order to ascertain whether plain and broad reading of the allegations made in […]
36. Constitution of Special Courts— (1)The Government may, for the purpose of providing speedy trial of the offences under this Act, by notification in the Official Gazette, constitute as many Special Courts as may be necessary […]
Cr.P.C – Chapter XIV – Conditions Requisite for Initiation of Proceedings [taking Cognizance ][Sec 190 to 199] 190. Cognizance of offences by Magistrates (1) Subject to the provisions of this Chapter, any Magistrate of […]
before cognizance is taken, application of mind on the part of the court is imperative, taking action of some other kind would not mean that cognizance has been taken.
Magistrate is entitled to take cognizance of an offence under Section 190(1)(b) of the Code even if the police report is to the effect that no case is made out against the accused.
06-01-2012 Dr. Nupur Talwar Vs. C.B.I., Delhi & ANR. SUPREME COURT [Criminal Appellate Jurisdiction Criminal Appeal No.68 of 2012 arising out of Special Leave to Appeal (CRL) No(S).2982/2011] GANGULY, J. 1. We […]