M Mohit Prem Kumar, Christ (Deemed to be University) Pune, Lavasa Campus
Introduction
The Criminal Procedure Code (CrPC) 1973, is a set of procedural laws that works together with the Indian Penal Code (IPC) to facilitate justice. The IPC provides for what constitutes as an offence and the CrPC provides the procedural aspect of how to proceed with a case, the working of both in a cohesive manner is essential for delivering justice. Taking cognizance is the application of judicial mind to a case. This is done by the magistrate which serves as a medium between the police after completion of the investigation and the initiation of trial against the accused. This article explores the concept of cognizance through analysis of the procedures laid down by the CrPC.
What is taking cognizance
Taking cognizance is not mentioned in the Criminal Procedure Code 1973(CrPC) but instead was observed in the case of RR Chari v. State of Maharashtra. The Apex Court in this case held that “Taking cognizance does not mean any formal action or expected action of any kind but occurs as soon as a magistrate as such involves his mind to the suspected commission of an offence.”
Though there is no definition of taking cognizance under CrPC the procedural and limitation aspect of it is covered under Sections 190 to 199. The initiation of taking cognizance through notice is covered under Sec 190 of CrPC.
Taking cognizance means taking into consideration or into the knowledge of the court. Cognizance occurs when the court becomes aware of the commission of the offence. When such information comes into the knowledge of the magistrate, the magistrate then applies his mind. Application of mind refers to judicial mind in relation to the facts and circumstances of the case.
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