Chambers of Ishaan Garg
Ch. No. 217, Western Wing, District & Sessions Court, Tis Hazari, New Delhi, Delhi 110054
+91 8851742417, +91 8800386163
Meaning of Cognizance - (To be aware or To take judicial notice)
'Taking cognizance' which merely means judicial application of the mind of the Magistrate to the facts mentioned in the complaint with a view to take further action.
When is it not a Cognizance?
R.R. Chari v. Uttar Pradesh 1951
When the Magistrate applies his mind not for the purpose of proceeding under the subsequent sections of this Chapter, but for taking action of some other kind, e.g. ordering investigation under S.156(3), or issuing a search warrant for the purpose of the investigation.
Can a Magistrate order investigation after taking cognizance?
Yes, 202 CrPC, Magistrate can direct an investigation to be made either by a police officer or by any other person. But it is only for a-
limited purpose: Only for helping the Magistrate to decide whether or not there is sufficient ground to proceed further.
Note: Case can be said to be instituted in a Court only when the Court takes cognizance.
(Chapter Caption)
Is the magistrate bound to take cognizance when he receives a Complaint?
No, Not bound to take cognizance if the facts alleged in the complaint, disclose the commission of an offence.
Discretion- "May take Cognizance"
D. Lakshminarayana Reddy vs. V. Narayana Reddy 1976
Allegations disclose cognizable offence and the forwarding of the complaint to the police for investigation under s. 156(3) will be conducive to justice and save the valuable time of the Magistrate in enquiring into a matter which was primarily the duty of the police to investigate, he will be justified in adopting that course as an alternative
What is the difference between an investigation under S. 156(3) and S.202 of CrPC?
📝 GIST- Chapter 14 containing s. 190 deals with post-cognizance stage, Chapter 12, so far as Magistrate is concerned, deals with pre- cognizance stage that is to say, once a Magistrate starts acting u/s. 190 and the provisions following, he cannot resort to s. 156(3).
D. Lakshminarayana Reddy vs. V. Narayana Reddy 1976
1. Difference on Stages—
In case of a complaint regarding the commission of a cognizable offence, the power under 156(3) can be invoked by the Magistrate before he takes cognizance of the offence under 190(1)(a). But if he once takes such cognizance and embarks upon the procedure embodied in Chapter XV, he is not competent to switch back to the pre-cognizance stage and avail of 156(3).
2. Difference on Purpose—
156(3) Preemptory Reminder or Intimation- which embraces the entire continuous process which begins with the collection of evidence and ends with a report or charge sheet under 173. On the other hand 202 comes in at a stage when some evidence has been collected by the Magistrate in proceedings under Chapter XV, but the same is deemed insufficient to take a decision as to the next step in the prescribed procedure.
