Cognizance of offences by a court

of session
By:- Sharique Raza
 Cognizance:
What amounts to?
 The expression ‘cognizance’ merely means ‘become aware of’ and when used
with reference to a court or judge, it connotes to take notice of judicially. In
common parlance, ‘cognizance’ means ‘taking notice of’.Taking cognizance is a
mental as well as judicial act. It ordinarily means that the Magistrate has come
to the conclusion that there is a case to be enquired into.
 The word “cognizance” is used in the Code of Criminal Procedure to indicate
the point when a Magistrate or a Judge first takes judicial notice of an offence.
The expression ‘taking cognizance’ under Section 190 of the Code, in its broad
and literal sense, means taking notice of an offence. It would include the
intention of initiation of judicial proceedings against the offender in respect of
that offence or taking steps to see whether there is any basis for initiating
judicial proceedings or for other purposes. The word ‘cognizance’ in Sec.190 of
the Code means judicial hearing of a matter.
 Cognizance:-Deffinition

 The term cognizance has not been defined in the

Code of Criminal Procedure. It is not of definite
import also. It is neither practicable nor desirable to
precisely define as to what is meant by taking
cognizance. The word “cognizance” is defined in
Wharton's Law Lexicon, 14th Edition, as “the hearing
of a thing judicially”.
The taking of cognizance is the taking of judical
notice of the fact as to whether there s a prima facie
case to take further proceeding agianst the accused.
 Court of session
District court is referred to as sessions court when it
exercises its jurisdiction on criminal matters under 
Code of Criminal procedure (CrPc)
As per section 9 of CrPc, the court is established by the State
Government for every sessions division. The court is
presided over by a Judge, appointed by the High Court of
that particular state. The High Court may also appoint
Additional Sessions Judges and Assistant Sessions Judges in
this court. Sessions court has the power to impose the full
range of penalties for criminal acts, including the death
penalty.
Sec.26 Courts by which offences are triable.
(a) Any offence under IPC(45 )may be tried by
(2)the court of session
 Exclusively triable by court of session

Any offence which is declared to be triable by court of

session in scheduled will be called an offence exclusively
triable by CoS and therfore judicial magistrate cannot
trial such an offence rather he will to have take
cognizance and there after he should issue process
,however the document to the accussed and commit the
case to the CoS under S.209
Eg. CoS Exclusively triable

CoS cannot direct cognizance except 199(2)

Cognizance issue from charge
Eg.
Nirbhaya case

JM COG INV BAIL SUMMON

/WARRANT DOC FRAME OF CHARGE

COMMIT THE CASE

COS IF EXCLUSIVELY TRIABLE THEN
HE WILL TRIED OR BACK TO CJM.
 What are taking ground of cognizance?

In the compliant case that is he order to the

examination of the compliant and the witness it will
said that he has taken cognizance.
In a information case the movement in order
issue of process he has taken cognizance.
Similarly in a police report case the movement
he order issued of process after filling of police
report it will said that he has taken cognizance,
 SCOPE OF COGNIZANCE OF
OFFENCES BY MAGISTRATE

Sec.190 which deals with cognizance of offence by Magistrates reads as


follows: Cognizance of offences by Magistrates.- Subject to the provisions of
this Chapter, any Magistrate of the first class, specially empowered in this
behalf under sub-section (2), may take cognizance of any offence
(a) Upon receiving a complaint of facts which constitute such offence;
(b) Upon it 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.

Sec.190(2) The Chief Judicial Magistrate may empower any Magistrate of the
second class∗ to take cognizance under sub-section (1) of such offences as
are within his competence to inquire into or try The term complaint has been
.

defined in S. 2(d) as meaning: ‘any allegation made orally or in writing to a

magistrate, with a view to his taking action under this code that some
person, whether known or unknown, has committed an offence, but does not
include a police report.’
 COGNIZANCE OF OFFENCES BY COURT
OF SESSION:SEC 193
No court of session shall take cognizance of any offence as a court of
original jurisdiction unless the case has been committed to it by a
magistrate under S. 193 of the Code. When an offence is exclusively triable
by a court of session according to S.26 read with the First Schedule the
Magistrate taking cognizance of such offence is required to commit the
case for trial to the Court of Session after completing certain preliminary
formality. Sometimes the posts of CJM and ADJ are held by one
individual. In such a case the CJM was required to take cognizance and try
economic offences. It was ruled that S. 193 did not apply to that case. For
proper distribution of the work in the court of session and for
administrative convenience, it has been provided that an Additional
Session Judge or Assistant Session Judge shall try such cases as the
Sessions Judge of the division may, by general or special order, make over
to him for trial or as the High Court may, by special order, direct him to
try under S.194 of the Code.
 Additional and assistant session judges to try cases made over to
them:-Sec 194

An Additional Sessions Judge or Assistant Sessions

Judge shall try such cases as the Sessions Judge of
the division may, by general or special order, make
over to him for trial or as the High Court may, by
special order, direct him to try.
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