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Taking Cognizance
The process of taking cognizance has been included in Chapter XIV of Code of Criminal Procedure, 1973 under the head ‘Conditions requisite for initiation of proceedings’. Taking cognizance is a prerequisite for initiation of proceedings. So, in fact, taking cognizance itself is not initiation of proceedings and it is only a condition which is required for initiation of proceedings. Sec. 190 to 199 deal with the process of taking cognizance. The provisions contained in Sec.195 to 199 prescribe the bar to taking cognizance in certain circumstances mentioned therein.
Sec.190 which deals with cognizance of offence by Magistrates reads as
follows:
Cognizance of offences by Magistrates.- Subject to the provisions of this Chapter, any Magistrate of the first class, specially empowered in this behalf under sub-section (2), may take cognizance of any offence-
(a) Upon receiving a complaint of facts which constitute such offence;
(b) Upon it police report of such facts;
(c) 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 sub-section (1) of such offences as are within his competence to inquire into or try.
Taking Cognizance
The process of taking cognizance has been included in Chapter XIV of Code of Criminal Procedure, 1973 under the head ‘Conditions requisite for initiation of proceedings’. Taking cognizance is a prerequisite for initiation of proceedings. So, in fact, taking cognizance itself is not initiation of proceedings and it is only a condition which is required for initiation of proceedings. Sec. 190 to 199 deal with the process of taking cognizance. The provisions contained in Sec.195 to 199 prescribe the bar to taking cognizance in certain circumstances mentioned therein.
Sec.190 which deals with cognizance of offence by Magistrates reads as
follows:
Cognizance of offences by Magistrates.- Subject to the provisions of this Chapter, any Magistrate of the first class, specially empowered in this behalf under sub-section (2), may take cognizance of any offence-
(a) Upon receiving a complaint of facts which constitute such offence;
(b) Upon it police report of such facts;
(c) 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 sub-section (1) of such offences as are within his competence to inquire into or try.
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