What do you mean by “taking cognizance of an offence”? State how cognizance of offence is taken by a Magistrate.

Question: What do you mean by “taking cognizance of an offence”? State how cognizance of offence is taken by a Magistrate. [U.P.C.J. 2012, JJS, 2014, DJS, 1984, UPHJS 2016, Raj J 2011, UPAPO 1988]

Find the answer only on Legal Bites. [What do you mean by “taking cognizance of an offence”? State how cognizance of offence is taken by a Magistrate.]

Answer

The Code of Criminal Procedure doesn’t define the meaning of cognizance. The Literal meaning of the term “Taking Cognizance” means ‘to be aware of’ but when used with respect to a trial or a magistrate it means ‘Judicial notice of an offence’. “Cognizance” means taking notice of the matter judicially. Taking of cognizance is the sine qua non for trial.

It is to be noted that taking cognizance doesn’t require any formal action by the judge or magistrate, because as long as a magistrate turns his mind to the alleged crime of an offence for the purpose of taking further actions under the Code of Criminal Procedure, such as summoning an accused on the basis of the information available for prosecution or trial, cognizance can be said to have been taken.

In simple words, cognizance can be interpreted as looking through a narrow keyhole and evaluating whether or not an offence has been committed, and if it has been committed at all, then whether certain parts of the IPC or any other special statute are attracted or not. The underlying principle in law or aim of cognizance is to maintain a ‘judicial check‘ on the police, as a judicial officer by taking cognizance and examining whether or not the crimes have actually been committed.

Thus, in the CrPC, the word cognizance is used to denote the points when the Magistrate or Judge first takes legal notice of an offence. In RR Chari v. State of UP, AIR 1951 SC 207 the Hon’ble Court noted that the term “taking cognizance” means any judicial action permitted by the Code taken with a view to initiating prosecution preliminary to the commencement of the inquiry or trial. It does not involve any formal action of any kind but occurs as soon as a Magistrate applies his mind to the suspected commission of an offence.

Section 190 of CrPC lays down a provision regarding “Cognizance of offences by Magistrates“. It runs as follows:

“(1) Subject to the provisions of this Chapter, any Magistrate of the first class, and any Magistrate of the second class specially empowered on this behalf under subsection (2) may take cognizance of any offence-

• upon receiving a complaint of facts which constitute such offence;
• upon a police report of such facts;
• upon information received from any person other than a police officer, or upon his own knowledge, that such offence has been committed.

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

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