Cognizance of offence by magistrate

After investigation of the offence the police will file a” final report “To the magistrate having jurisdiction
on the basis of final report the magistrate will take cognisance of the offences and decide to proceed
against the accused

 Taking cognisance of an offence is the first step taking towards the trial
 Cognizance literally means knowledge or notice and
 taking cognisance means taking notice or becoming aware of the alleged commission of an
offense
 Taking cognisance is an action taken by the court for initiating judicial proceedings against the
offender
 190(1) any magistrate of the first class may take cognizance of any offence
 190 (2) Any magistrate of 2nd class only if specially empowered by the chief judicial magistrate
 193 – court of session shall not take cognisance unless the case has been committed by
magistrate
Court of session can directly take cognizance in the following matters after writing a complaint
by the public prosecutor within 6 months after commission of such offences
1. Defamation of high dignitaries like, president, vice, governor, administrator of union territory or
council of ministers.
When a magistrate can Take cognisance of the offences
190(1)
 By receiving a private complaint
 Upon a police report or charge sheet
 Suo moto upon his own knowledge
1. 468 -Magistrate shall not take cognizance after period of limitations [pic. Cjm. D ]
 If the offences is punishable with only fine 6 month
 if offence is punishable with 1 year then one year in ഉളളിൽ
2. if offence is punishable with more than 1 year then 3 year
3. If offence committed outside India magistrate cannot take cognisance except the previous
sanction of central government
4. Prosecution for criminal conspiracy against govt
5. Prosecution of judges and public servants
6. Prosecution of offences against marriage
7. Prosecution for cruelty of husband and his relatives
8. Prosecution for defamation cannot proceed unless the magistrate gets a written complaint from
the aggrieved person

complaint to magistrate
A person who intend to initiate criminal proceedings there are 2 ways
1. He may give information to the police if the offence Is a cognizable one
2. He May file a complaint to the magistrate whether the offence is cognizable or non cognizable
 The complaint made May be orally or in writing

The complaint should mention the offence is committed by unknown or known

 200 -examine the complainant and the witness and such examination shall be reduced into
writing and signed by complainant, witnesses and magistrate
 If complaint is given in writing by any public officer by discharging of a duty If magistrate
make over the complaint to another court no need of examination of complainant
 201 -if the complaint is made to a magistrate who is not competent to take cognizance
He shall return it to proper court (if such complaints are made in writing) if not in writing he
shall direct complainant to proper court
 202- any magistrate authorised to take cognizance may postpone the issue if the accused in
the complaint is residing beyond the jurisdiction of magistrate and will make an inquiry either
by himself or by an police officer officer for the purpose of deciding whether there is sufficient
ground for proceedings
Provided no such directions shall be made in following circumstances
1. If the offences in the complaint is exclusively triable for session
2. If complaint is made by a person other than court no such direction shall be made unless the
complainant or witnesses present
 203 dismissal of complainant
If there is no ground for proceedings he shall dismiss the complaint after oath and inquiry and
he shall record such statements
 If the complaint made was dismissed a second complaint may be made by the complainant but
exceptional circumstances are existing for entertaining the second complaintif
 If the complainant were making a false complaint the accused can prosecut the complainant for
making false charge under section 211