COGNISANCE OF

OFFENCES
Mercy Deborah
Associate Professor, JGLS
[Spring Semester 2021]
CrPC
 COGNISANCE OF OFFENCES
I. Meaning of Cognisance
II. Modes of Cognisance [190(1)]
III. Irregularities in Process of Cognisance [460-461]
IV. Transfer of cases after cognisance [191-192]
V. Limitations on the power to take cognisance [195-199]
 MEANING OF COGNISANCE
The stage of cognisance refers to initiation of a judicial
proceedings against the offender in relation to an offence

Source: Kelkar’s Criminal Procedure

which involves taking certain steps to assess whether there is
any basis for initiating judicial proceedings.
 MODES OF TAKING COGNISANCE OF OFFENCES
The Code provides for the following modes of cognisance by
Magistrates u/s190 (1):
a) Upon receiving a complaint of facts which constitute such
offence;
b) Upon a police report of such facts;
c) Upon information received from any person other than a
police officer, or upon his own knowledge, that such offence
has been committed.
A complainant is given the liberty to either file a complaint
before a Magistrate (whether in a cognisable or non-cognisable
offence) or lodge a FIR with the police in respect of a cognisable
offence.
 COGNISANCE OF OFFENCES
Sec. 190 (1)(a) states: “Upon receiving a complaint of facts which
constitute such offence”

Source: Kelkar’s Criminal Procedure

1. When a complaint is filed before the Magistrate u/s 190(1),
the purpose for which the s/he applies their mind to the
complaint will determine whether s/he has taken cognisance
of the offence.
2. If the Magistrate on receipt of the complaint applies her/his
mind to the complaint for the purpose of proceeding with the
complaint u/ss. 200-204, then the Magistrate is held to have
taken cognisance of offence. But if the Magistrate on receipt
of complaint orders investigation by police u/s 156(3), or
issues search warrant u/s 93, then s/he cannot be said to have
taken cognisance.
 COGNISANCE OF OFFENCES
Sec. 190(1)(a)-
3. If the Magistrate orders an investigation u/s 156(3), then

Source: Kelkar’s Criminal Procedure

police has to investigate and submit a report u/s173(2). On
receipt of the police report the Magistrate has the following
options:
a) To take cognisance u/s 190(1)(b) and immediately issue
process u/s 204 irrespective of the view expressed in the
police report as to whether the offence has been made out
or not. The Magistrate is not bound by the conclusions of
the police report, and can even issue process (204) even if
the police report indicates there is no sufficient ground for
proceeding in the case.
 COGNISANCE OF OFFENCES
Sec. 190(1)(a)-
b) The Magistrate can reject the police report and instead has the

Source: Kelkar’s Criminal Procedure

power to:
(i) take cognisance immediately after disagreeing with the police
report (or)
(ii) direct an inquiry u/s 202 and after such inquiry take action u/s
203-4 (or)
(iii) decide to take cognisance on the basis of complaint originally filed
before her/him, and proceed to record statements u/s 200, and
decide whether to dismiss the complaint (203) or issue process
(204).
 COGNISANCE OF OFFENCES
Sec. 190 (1)(a):
4. The mere fact that Magistrate had earlier ordered an

Source: Kelkar’s Criminal Procedure

investigation u/s 156(3) and received report u/s 173(2) will
not have the effect of total effacement of the complaint filed
u/s 190(1)(a), and Magistrate will not be barred from
proceeding u/ss 200, 203, 204.
 COGNISANCE OF OFFENCES
Sec.190 (1)(b) states: “Upon a police report of such facts”
1. On receiving the police report u/s 173(2), the Magistrate may

Source: Kelkar’s Criminal Procedure

take cognisance of the offence u/s190(1)(b) and subsequently
issue process u/s 204 irrespective of the view expressed in the
police report as to whether offence is made out or not.
2. The opinion of the Magistrate to take cognisance or not has to
be premised on the police report u/s173(2) and other
documents submitted with the report. The Magistrates’ order
taking cognisance should reflect application of mind to all details
in the police report.
3. Before taking cognisance, the Magistrate must satisfy that the
ingredients of the offence are proved by the materials.
 COGNISANCE OF OFFENCES
Sec. 190(1)(c) states: “Upon information received from any person
other than a police officer, or upon his own knowledge, that such
offence has been committed.”

Source: Kelkar’s Criminal Procedure

1. The object of this provision is to facilitate access to justice where
persons who are individually aggrieved are unwilling or unable to
prosecute their case.
2. This provision confers power on the Magistrate in the absence of
a complaint or police report, to take cognizance on the basis of
knowledge of an offence. The Magistrate can derive
“knowledge” from any source.
3. If a Magistrate not having jurisdiction takes action u/s 190(1)(c),
then such a trial is vitiated [Sec. 461(k)]
 TRANSFER OF CASES AFTER TAKING COGNISANCE
1. Transfer on application of the accused [191]
2. Power of CJM to make over cases to any competent
Magistrates [192(1)]
3. Power of Magistrates to make over cases to other
competent Magistrate [192(2)]
 COGNISANCE BY SESSIONS COURT
1. Court of Sessions cannot take cognisance unless provided
by the Code or any other law [193].
2. If an offence is exclusively triable by Sessions Court, then the
Magistrate must commit the case for trial to such court.
[209]
3. On committal of a case, the Sessions Court shall have
powers to summon even those not named as accused by the
police if evidence indicates their involvement in the
commission of the offence [319].
4. Powers of Sessions Court for administrative convenience can
also be exercised by ASJ by an order of SJ or by HC. [194]
 LIMITATIONS TO POWER OF COGNISANCE
The general rule is that any person who has knowledge of
commission of an offence can file a complaint even though s/he
is not personally interested or affected by the offence [190].
There are, however, limitations to this rule as Magistrates must
at the stage of cognisance assess whether his/her power to take
cognisance is not taken away by any clauses of Ss. 195-199.
 LIMITATIONS TO POWER OF COGNISANCE
1. Prosecution for contempt of lawful authority of public
servants; [195(1)(a) r/w Ss.172-188 IPC]
2. Prosecution for offences against public justice (such as
fabricating evidence, false statement, false personation, false
claim in courts) [195(1)(b)(i) & (iii) r/w Ss.193-96, 199, 200,
205-211 IPC];
3. Prosecution for offences relating to documents given in
evidence [195(1)(b)(ii) & (iii) r/w Ss.463, 471, 475, 476 IPC];
4. Prosecution for offences against the State [196(1) r/w Ss.
121-30, 153-A, 153-B, 505 IPC];
5. Prosecution for criminal conspiracy [196(2) r/w S120-B IPC];
 LIMITATIONS TO POWER OF COGNISANCE
6. Prosecution of judges and public servants acting in discharge
of their official duties [197(1)];
7. Prosecution of members of Armed Forces acting in discharge
of their official duties [197(2)];
8. Prosecution for offences against marriage [198(1) r/w 493-
98 IPC];
9. Prosecution of husband for rape of minor wife [198(6) r/w
198B & 376 IPC];
10. Prosecution of husband or his relative for cruelty to wife
[198A];
11. Prosecution for defamation [199(1) r/w 499-502 IPC];
 CASES ON COGNISANCE
1. Abhinandan Jha & Ors. v. Dinesh Mishra (1967)
2. Bhagwant Singh v. Commnr. Of Police (1985)
3. Vinubhai Malviya v. St. of Gujarat (2019)
Abhinandan Jha v. Dinesh Mishra (1967): Old Code case (pre-1973)
Issue: Whether a Magistrate can direct the police to submit a
charge-sheet when the police after the investigation into a
cognisable offence had submitted a final report u/s173?
I. Structure of Chapter XII (Old code –Chapter XIV)
II. Opinion of the police (173) r/w Ss. 169-170 [Types of reports]
III. Options before Magistrate after submission of police report
(i) accept the report >> take cognisance u/s 190(1)(b)
(ii) order further investigation u/s 156(3) where
investigation is incomplete and require filing of further report;
(iii) reject the report >> take cognisance u/s 190(1)(c) based
on the knowledge of the Magistrate
IV. Additional net (169) Ratio@paras 17-20
 Bhagwant Singh v. Commnr. of Police (1985)
Issue: Whether in a case where FIR is lodged and where after
completion of investigation the police submits a report that no
offence appears to have been committed, can the Magistrate
accept the report and drop the proceedings without issuing
notice to the first informant or the injured person or in case of
death notify the relatives of the deceased?
I. Notice to informant @para 4
(a) Issue process (204)
(b) Dismissal of complaint (203)
II. Obligations to non-informants related to the case @para 5
 Vinubhai Malaviya v. St. of Gujarat (2019)
Current Code of 1973 (1967-2019)
Issue:
(1) Whether after a charge-sheet has been filed, the Magistrate
has the power to order further investigation, and if so, up to
what stage of criminal proceedings?
(2) Whether the Magistrate can order further investigation after
a police report has been forwarded to him under Section
173?