Criminal Law

Cognizance

A Magistrate first takes judicial cognizance of the offence either on a complaint or on a police report.

It is nothing but perusing the report of the police officer, proceeding further on that report.

Role of Police Charge Sheet in Cognizance

Investigation Officer files charge sheet before concerned Magistrate after police investigation.

The Magistrate ensure the presence of the accused and all other consequential steps including necessary order of committal to a court of session

Cognizance on Final Report

After police investigation, if Investigation Officer found that the alleged accused has not committed any offence or the evidence are not reliable against the accused.

Police Officer prepares final report and submits to the concerned Magistrate intimating that the alleged accused in the FIR/ Complaint has not committed any offence.

Application of Mind by Magistrate

Taking Cognizance on police charge sheet or final report is not simple matter. The Concerned Magistrate has to apply own mind before proceedings further.

Summoning accused or discharging accused by Magistrate without application of Mind may invite revision petition before appellate Court.

Summon to Accused after Cognizance

After taking cognizance on the police charge sheet, the concerned Magistrate issue summon to the accused to remain present in further trial proceedings.

If the accused has already obtained anticipatory bail from Session Court or Constitutional Court, he will act as per the bail bond and proceed with criminal trial.

Notice to Complainant on Final Report

On final report, a Magistrate does not simply accept the final report prepared by police investigation officer.

The magistrate may issue notice to the informant or complainant about the final report.

Protest Petition after Final Report

On receipt of notice from Magistrate, the informant may file protest petition before concerned Magistrate against final report of police investigation.

Magistrate either may accept the protest petition and order further investigation or dismiss the same in absence of sufficient evidence.

Police Charge Sheet in non-cognizable offences

If police file charge sheet in non-cognizable offence, Magistrate will treat it as complaint cases.

Supplementary Charge Sheet

Police submit supplementary charge sheet after submitting primary charge sheet and a magistrate may take cognizance.

Quashing of Criminal Proceedings

If the magistrate took cognizance and decided to proceed further trial of the accused, the accused may approach to appellant court for revision or directly to High Court for quashing of FIR or criminal proceedings where no  revision lies.

If High Court rejects petition to quash the criminal proceedings, an accused may approach to criminal advocate for filing of appeal because expert advocate in Delhi can advise correctly. 

Frequently Asked Questions

There are few following questions which may help to under the theory of cognizance :-

What is Cognizance ? 

The Cognizance taking does not involve any formal action or indeed action of any kind but occurs as soon as a Magistrate as such applies his mind to the suspected commission of an offence.

What is difference between Charge Sheet and Final Report ?

The Charge-sheet or final report, whatever may be the nomenclature only means a report u/s 193 BNSS, 2023 which has to be filed by the police on completion of investigation.

What is the duty of Magistrate in passing summon order in complaint cases ? 

The Magistrate summoning the accused must reflect that he has applied his mind to the facts of the case and the law applicable thereto. He has to examine the nature of allegations made in the complaint and the evidence both oral and documentary in support thereof and would that be sufficient for the complainant to succeed in bringing charge home to the accused.

What is the remedy against Cognizance of Magistrate ? 

An accused can file revision petition before Session Judge and there after revision before High Court.

Can a Magistrate disagree with Final Report ? 

Yes, a Magistrate may disagree with the final report and taking the view that there is sufficient ground for proceeding further, take cognizance of the offences and issue process to the accused.

What is the scope of further investigation ?  

A Police officer has power of further investigation u/s 193(9) BNSS, 2023 even after submission of police report
u/s 193(3) BNSS, 2023.