Jan 19, 2018
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Cognizance of offences

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Cognizance of offences Under Code of Criminal Procedure, 1973.

Cognizance of offence

The terms ‘Cognizance of offence’ has not defined by the Code of Criminal Procedure, 1973.  However the meaning of the terms interpreted by the Courts.  Taking cognizance, the first and foremost steps towards trial.  Cognizance literally means knowledge or notice. Taking cognizance of offence 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 to conduct a trial.

Cognizance of offences by Magistrates ( section 190)

Any Magistrate of the first class, and also second class specially empowered in this behalf. They may take cognizance of any offence upon –

  1. receiving a complaint of facts which constitute such offence;
  2. a police report of such facts;
  3. information received from any person other than a police officer.

The Chief Judicial Magistrate may empower any Magistrate of the second class to take cognizance of offence within his competence to inquire and also try it.

Transfer on application of the accused (section 191)

When a Magistrate takes cognizance of an offence section 190. The accused shall informed that his case will inquired and also tried by another Magistrate. If there are more than one accused in the case, objects to further proceedings before the Magistrate taking cognizance, the case shall transferred to such other Magistrate as  specified by the Chief Judicial Magistrate in this behalf.

Making over of cases to Magistrates (section 192)

  1. Any Chief Judicial Magistrate may, after taking cognizance of an offence, transfer the case to competent subordinate Magistrate for inquiry or trial.
  2. Any Magistrate of the first class empowered in this behalf by the Chief Judicial Magistrate may, after taking cognizance of an offence, transfer the case for inquiry or trial to such other competent Magistrate as the Chief Judicial Magistrate may, by general or special order, specify, and thereupon such Magistrate may hold the inquiry or trial.

Cognizance of offences by Courts of Session (section 193)

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 case has been committed to it by a Magistrate under this Code.

Additional and Assistant Sessions Judges to try cases made over to them (section 194)

An Additional Sessions Judge or Assistant Sessions 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.

Article Categories:
Criminal law

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