Check LawSikho's Certificate Course in Advanced Criminal Litigation & Trial Advocacy 190. Cognizance of offences by Magistrates.
191. Transfer on application of the accused.
192. Making over of cases to Magistrates.
193. Cognizance of offences by Courts of Session.
Section 190 cognizance of offences by magistrate.
Any magistrate of first class for 2nd class specially empowered by cjm can
take cognizance of an offence on any of the three e modes
Number 1 upon receiving a complaint
Number 2 you on receiving a police report
Number 3 on receiving information regarding commission of an offence from any
person other than a police officer or upon his own knowledge
Meaning of cognizance
Cognizance is to become aware of and when the meaning is applied to judicial
reference it means to take note judicially.
As soon as a magistrate applies his mind to the offence committed for the
purpose of proceeding to subsequent step that is under section 200 for 202 or
204.
When a magistrate applies his mind for taking action of some other kind for
example ordering investigation under section 156 subsection 3 for showing
search warrant for purpose of investigation sach application is not taken to
be as cognizance of the offence.
Taking cognizance and the role of accused
Taking cognizance and committing a case to trial or actually trying a case
are three different things.
Use of word may in section 190.
When cognizance is taken by a magistrate who is not empowered to take such
cognizance under section 190.
procedural intricacies might occur and magistrate who is not empowered to
take cognizance of certain offence might take cognizance of such offence.
For procedural intricacies under clause a and b
if a magistrate erroneously and in good faith take cognizance of an offence
which is not empowered to take his proceeding shall not be set aside mainly
on the grounds of him not being so empowered.
For clause c
strict measure under section 461 class ke is followed and when a magistrate
who is not empowered to take cognizance of an offence takes cognizance upon
information received for his own knowledge such proceeding shall be void and
of no effect it is a material whether he was acting erroneously in good faith
or otherwise.
First mode of taking cognizance that is on complaint
Two ways of initiating criminal proceeding Aziza Begum vs State of
Maharashtra
Section 2 subsection d defines complaint.
Complaint is an allegation made orally or in writing to magistrate with an
objective that magistrate will take action on such complaint. The allegation
is with respect to commission of an offence and it can be made against person
known or unknown. A complaint does not include a police report.
Complaint can be made both for cognizable as well as non cognizable offences.
Taking cognizance on police report
Police report has defined in section 2 clause r.
Chalan aur charge sheet.
after investigation is complete police forward report to magistrate under
section 173 subsection 2.
On the basis of this report magistrate decide whether to take cognizance and
initiate the trial for commit the case to trial for to refer for further
investigation.
Cognizance on a police report means magistrate reflects his application of
mind
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