Meaning of taking cognizance of an offence

The term cognizance means notice. Taking cognizance of an offence means taking judicial notice of an offence. That means a cognizable offence has been committed and it has come to the notice of the court. When cognizance is taken of an offence that must be tried in a competent criminal court.

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Who can take cognizance: - Such persons are competent to take cognizance of a cognizable offence under section 190 (1) of The Code of Criminal Procedure 1898.

►Magistrate of First Class

►Magistrate of 2^nd class if empowered by the Government

►A Magistrate of 3^rd class rank can not take cognizance of an offence

How it may be taken- There are Three (3) ways are available for taking cognizance of an offense. Viz,

(a) Complaint

(b) Police Report

(c) Suo moto

By Complaint: A magistrate may take cognizance of cognizable offence through complaint under section 190(1) (a) in Complaint Registered (CR) case which is filled under section 200 of Cr.P.C.

By Police Report: Under 190(1)(b) of The Code of Criminal Procedure, 1898, A court may take cognizance of any offence in General Registered (GR) case through police report I.e. Charge Sheet which is submitted by police officer under section 173.

Suo Moto: If any Magistrate receives an information of committing a cognizable offence through newspaper or any other means then he may take cognizance of that offence Under 190(1)(c)  and may pass order to the police to take necessary legal proceedings regarding  that offence.

 When cognizance is taken the Magistrate has to issue process ( Summons u/s 68.Warrant u/s 75) under 204 of Cr.P.C.For more

What Is Naraji Petition

What is Naraji Petition

Under Section 173 of The Code of Criminal Procedure The investigating officer (IO) has to submit report to the court in a criminal case. Police report may be two types i.e. -

1. Final Report : which is given under section 169 of Cr.P.C.

2. Charge Sheet : which is given under section 170 Cr.P.C.

If the IO submits a report recommending to release the accused as because of deficiency of evidence against the accused the Magistrate may accept or reject it.

When the Magistrate accepts the final report, the aggrieved party can file an application in the court. This is called Naraji Petition.

An aggrieved party can also file a Naraji Petition against Charge sheet if he thinks that the Charge sheet has not adequately made.

After receiving Naraji Petition the court may order to the investigation officer (IO) to further investigate the case.Click here