Magistrates take cognizance of crimes under which law

The cognizance of any crime is first taken by the magistrate, although the cognizance of crimes under certain acts is taken directly by the Sessions Judge, but generally the cognizance is taken by the magistrate itself. This article is being discussed in the context of cognition taken by the magistrate.

Cognition is the initial point of trial. Thinking begins with the cognizance of crime. The word ‘cognizance’ is not given any definition. Generally, after observing the letter (charge sheet), the process of registering it is called cognizance.

While taking cognizance, his discretion is used by the magistrate and it is seen whether a prima facie case is made against the accused. Provision has been made about ‘cognizance’ from Section 190 to 194 of the Criminal Procedure Code, 1973.

Magistrate’s cognizance of crimes

According to Section 190 of Code, cognizance of crimes can be taken in the following conditions-

(i) On Complaint

(ii) Police report (Police Report)

(iii) On the ittila obtained from a person, or

(iv) Based on self information.

Generally, the cognizance of crime is taken on a complaint or police report. But the special thing is that cognizance can also be taken by the magistrate based on his own information, when a crime is carried out in the presence of a magistrate.

The magistrate can also take cognizance in such cases in which no prima facie case has been told by the investigation officer in the police report. This happens in cases of final report. This is called cognizance on FR.

It is noteworthy here that cognizance is always taken of crime, not the accused. Therefore, cognizance can also be taken in the absence of the accused, if cognizance is taken against any of the persons mentioned in the first information report, then before doing so, the person giving the first information report is required to be given the opportunity to hear.

Inward of case

Section 191 states that if a crime is taken by the magistrate based on his own information, then such an accused will be asked by the magistrate that he is free to consider his case from another magistrate. If the accused wants trial of his case from another court, then the case will be transferred to another court.

Case to be handed over to magistrate

There are two types of arrangements in Section 192-

(i) Any Chief Judicial Magistrate will be able to hand over the case to a competent magistrate for investigation or trial after taking cognizance of the crime.

(ii) After taking cognizance of the first class magistrate crime by the Chief Judicial Magistrate, the first class magistrate will be able to hand over the case to a competent magistrate who is subordinate to the competent magistrate who specify by a simple or special order and then such a magistrate can investigate or consider.

It is noteworthy here that the matter can be transferred to any process before checking or trial, provided that cognizance has been taken by the magistrate.

Then under Section 192, a case can only be transferred to a magistrate who is able to consider him.