Cognizance of offence by

magistrate
• Taking cognizance of an offence is the first and foremost step towards
trial.
• Cognizance literally means knowledge or notice. And taking
cognizance of offence means taking notice, or becoming aware of the
alleged commission of an offence.
Which court can take cognizance of offences
• By virtue of sec 190 (1) of the code, any magistrate of the first class
may take cognizance of any offence.
• Sec 190(2) allows the second class magistrate if so empowered by the
chief judicial Magistrate.
• By virtue of sec 193 . A court of session shall not take cognizance of
any offence as a court of original jurisdiction unless the case has been
committed to it by a magistrate.
When magistrate can take cognizance of the
offence
• By virtue of sec 190(1);
i) Upon receiving a complaint (private complaint) of facts which
constitute such offence.
ii) Upon a police report(charge sheet or final report)
iii) Upon information received from any person other than a police
officer , or upon his own knowledge (suo moto), that such offence
has been committed.
Cognizance after limitation period
• By virtue of sec 468 , a court shall not take cognizance of an offence
after the expiry of the period of limitation.
a) Six months- if the offence is punishable only with fine
b) One year- if the offence is punishable with imprisonment for not
exceeding one year
c) Three years- if the offence is punishable with imprisonment for a
term exceeding one year but not exceeding three years.
For all other offences punishable with imprisonment for more than 3
years having no limitation for taking cognizance.
The period of limitation shall commence
a) On the date of the offence which committed
b) If date of commission of an offence not known to the police or to
the aggrieved party , the first day on which such offence comes to
the knowledge of such person or to the police.
c) If it is not known by whom the offence was committed, the first day
on which the identity of the offender is known to the aggrieved
party or to the police.
Prosecution of offence against marriage
• As per sec 198 (1) , a court shall not take cognizance of an offence
against marriage, except upon a complaint made by some person
aggrieved by the offence.
Prosecution of offence under sec 498 A
• By sec 198 A , a court shall not take cognizance of an offence
punishable under sec 498 A of IPC, except upon a police report or
upon a complaint made by the person aggrieved by the offence .
• By sec 198 B , no court shall take cognizance offence punishable
under sec 376 B except upon a complaint made by the wife against
the husband.
Prosecution for defamation
• By virtue of sec 199 , the court shall not take cognizance of the
offence of defamation except upon a complaint made by some person
aggrieved by the offence.