So a magistrate would be entitled to take cognizance of a complaint case after having taken cognizance of the case on police report. It was further observed that a proceeding under Section 209 of the Code before a Magistrate is not an inquiry and material before him is not evidence. In the case of R. This would include the intention of initiating judicial proceedings against the offender in respect of that offence and taking steps to see whether there is any basis for initiating judicial proceedings or for other purposes. A person by name Basavaraja Lakkundi lodged a complaint making allegations against one Niyaz Ahmed, Shakeel Ainapur and M. The Supreme Court, in Bashir-ul-Haq v.
The very first Section in the said Chapter, viz. The real distinction between sub-clause c and sub-clauses a and b of section 190 1 is that, in the two latter cases an application is made to the Magistrate to take cognizance of the offence either by a complaint or by the police, while in the former case the Magistrate takes cognizance suo motu either on his own knowledge or on information received from some person who will not take the responsibility of setting the law in motion. There are varying opinions of the Courts on this point. The essential facts discernible from a nascent verdict of the Supreme Court of India in Crl. Section 190- 199 of the code describe the methods by which, and the limitations subject to which, various criminal courts are entitled to take cognizance of offences. Thereafter, the Magistrate is to fix the case for defence evidence, unless application is preferred by the accused under Section 145 2 of the Negotiable Instruments Act, 1881 for recalling a witness complainant or any other prosecution witness for cross examination on the plea of defence.
It has a full section dedicated to the cognizance of offences by the Magistrates and has also dealt with the restrictions placed on his power of cognizance regarding certain offences. The Magistrate can take cognizance of an offence upon his own knowledge or information. It has been specifically provided that a Court of Session may directly take cognizance of an offence of defamation of any of the high dignitaries like the President of India, Governor of a State etc. The magistrate is not bound by the conclusion drawn by the police and it is open to him to take cognizance of an offence under S. For better analysis of the scope of cognizance and the consequences arising therefrom, it is worthwhile to highlight the scheme of relevant provisions in the Code and the case laws touching the same.
This is the position whether the magistrate takes cognizance of an offence on a complaint, or on a police report, or upon information of a person other than a police officer. And taking cognizance does not depend upon the presence of the accused in the court. The participation by the legal experts add something new to the topic and it is always going to be helpful for the newcomers like us. Section 190, which has been extracted herein before , empowers any Magistrate of the First Class or the Second Class specially empowered in this behalf under Sub-section 2 to take cognizance of any offence in three contingencies. Section 190- 199 of the Code of Criminal Procedure, 1973 describe the methods by which, and the limitations subject to which, various criminal courts are entitled to take cognizance of offences. There are certain advantages to the complaint if cognizance was taken on a complaint.
Dave, there could be no intermediary stage between taking of cognizance under Section 190 1 b and Section 204 of the Code issuing summons to the accused. In the matter of, Kishun Singh v. Thus, legal sense of taking judicial notice by a court of law or a Magistrate is altogether different from the view and idea a layman has for it; however, a broad and general comprehension is 'judicial notice by a court of law on a crime which, according to such court, has been committed against the complainant, to take further action if facts and circumstances so warrant'. The earliest decision of the Apex Court on the point is R. 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. Shishir Pinaki, learned Advocate appearing for Respondent No. The meaning of the word has been explained by judicial pronouncements and it has acquired a definite connotation.
It is only upon committal can the Court of Session exercise jurisdiction under Section 319 of the Code and add a new accused, on the basis of evidence recorded by it. No Court shall take cognizance of any such offence or of attempt or abetment or of any criminal conspiracy to commit any such offence, when such offence is alleged to have been committed in, or relation to, any proceeding in any Court, except on a complaint in writing of that Court or of some other Court to which that Court is subordinate. Cognizance is taken of cases and not of persons. State of Bihar and not the decision in Ranjit Singh Vs. The Judicial Officer will have to take cognizance of the offence before he could proceed to conduct a trial. In our view, the Magistrate has a role to play while committing the case to the Court of Session upon taking cognizance on the police report submitted before him under Section 173 3 Cr.
He then took cognizance of the offences. Cognizance: Meaning and Concept What is taking cognizance has not been defined in the criminal procedure code. But if he does not do so and proceeds to examine the complainant and such other evidence as the complainant may produce before him then, it should be held to have taken cognizance of the offence and proceeded with the inquiry. Cognizance of offences by Courts of Session. Leave was granted and the appeal was numbered as Criminal Appeal No. Section 196 of the Code does not control the powers of a Magistrate under the Code, but only prevents a Court from taking cognizance of certain offences without there being a complaint made by the Government.
Section 173 2 i d of the Code of Criminal Procedure, 1973 inter alia stipulates that the report should contain a statement as regards, whether any offence appears to have been committed and if so, by whom? It has been held that the Court of single Judge of the High Court is subordinate to the Division Bench of the High Court which hears appeals from such Court in certain cases. Transfer on application of the accused section 191 When a Magistrate takes cognizance of an offence section 190. If as a matter of fact the amendment sought is one which can be allowed since it does not change the foundation of the case as originally pleaded, can it not be allowed even after cognizance of the offence has been taken? It was held that previous sanction is necessary only for taking cognizance by a Court. For proper distribution of the work in the court of session and for administrative convenience, it has been provided that an Additional Session Judge or Assistant Session Judge shall try such cases as the Sessions Judge of the division may, by general or special order, make over to him for trial or as the High Court may, by special order, direct him to try under S. Only after taking the cognizance of offences, the judiciary comes into picture. Though the thinking of legislature was noble while enacting the legislation, there seems to be some gaping holes in the code, mostly with regard to remedies asserted to women, by which many husbands have been set free. Out of these three, first two are in the realm of pre-cognizance stage.
The law, as crystallised through the various rulings of the Apex Court, is very clear on the point. The litmus test of taking cognizance, whether it be relating to an offence on a complaint, or on a police report, or upon information of a person other than a police officer, is making a thorough assessment of the allegations by coming into grip with the facts presented and bringing into focus the law on the subject and applying the facts to the law and thereafter arriving at a conclusion by a process of reasoning and evidencing that all relevant facts have been taken note of and properly analysed in the light of the law applicable. It was also held that Section 319 of the Code did not operate in such a situation. Clause c of Category A offences, is based on similar provision in the central excise law. The provisions of section 89 and 90 have been summarized on the next page. But a closer reading of Sec.
The clause is divided in three exclusive parts which empower the magistrate to take cognizance upon receiving a complaint of facts or upon a police report of such facts or upon information received from any person other than a police officer, or upon his own knowledge, that such offence has been committed. Failure to tell the accused of his right to be tried by another magistrate vitiates the trial and this illegality would not be cured. Clause b of Section 195 1 relates to prosecution for offences against public justice. Section 193 prohibits cognizance of any offence by a court of Sessions stepping into the shoes of the court having original jurisdiction except in cases where power is conferred by the statute while Section 194 empowers Sessions Courts for transfer of cases to the file of Additional and Assistant Sessions Judges. In the event, a Magistrate takes cognizance of the offence and then commits the case to the Court of Session, the question of taking fresh cognizance of the offence and, thereafter, proceed to issue summons, is not in accordance with law.