DR.

RAM MANOHAR LOHIYA NATIONAL LAW UNIVERSITY

LUCKNOW

2021-2022

Code of Criminal Procedure

synopsis on

cognizance under code of criminal procedure, 1973

SUBMITTED BY- SUBMITTED TO-

SAURABH YADAV Dr. Prem Kumar Gautam

ENROLL.NO. 190101131 ASSISTANT PROFESSOR

SEMESTER - V DEPT. OF LAW

RMLNLU LUCKNOW
 SYNOPSIS

Objective of study

Though the word 'cognizance' (rooting from Old French "conoisance", based on Latin
"cognoscere") or the words 'taking cognizance' have not been deciphered and defined in the
procedural law, the same derive definite connotation from plethora of precedents and gain
perceptive explanation and incisive exegesis from judicial pronouncements. While plain and
dictionary meaning thereof is 'taking note of', 'taking account of', 'to know about', 'to gain
knowledge about', 'awareness about certain things' etc.

Objective of this study is to find out what is the meaning of the term cognizance in Indian
criminal procedure code 1973.

Hypotheses

-Section 190 of the Code empowers the magistrate to take cognizance of an offence in cases
where the victim does not lodge an FIR in the police station due to any reason or in cases where
the police refuse to admit FIR reported by any victim. Thus, this provision is meant to safeguard
the interests of the victims while keeping a check on the unfettered powers of the police. 

-The real distinction between sub-clause (c) and sub-clauses (a) and (b) of section 190(1) is that,
in the two latter cases an application is made to the Magistrate to take cognizance of the offence
either by a complaint or by the police, while in the former case the Magistrate takes cognizance
suo motu either on his own knowledge or on information received from some person who will
not take the responsibility of setting the law in motion. 

-The restrictions under S. 195-199 of CrPC, were put in place so as to maintain the dignity of
affected families and also to solve the matters within the family members.

Reference

1. R.V. Kelkar’s criminal procedure seventh edition, ebc

2. C.K. Takwani fourth edition, criminal procedure
3. D.D Basu criminal procedure code,1973 sixth edition
4. Statutes – IPC, CrPC, Indian Evidence Act