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Start Free TrialCode of Criminal Procedure, 1973 Section 155
Title: Information as to Non-cognizable Cases and Investigation of Such Cases
State: Central
Year: 1973
(1) When information is given to an officer in charge of a police station of the commission within the limits of such station of a non-cognizable offence, he shall enter or cause to be entered the substance of the information in a book to be kept by such officer in such form as the State Government may prescribe in this behalf, and refer, the informant to the Magistrate. (2) No police officer shall investigate a non-cognizable case without the order of a Magistrate having power to try such case or commit the case for trial. (3) Any police officer receiving such order may exercise the same powers in respect of the investigation (except the power to arrest without warrant) as an officer in charge of a police station may exercise in a cognizable case. (4) Where a case relates to two or more offences of which at least one is cognizable, the case shall be deemed to be a cognizable case, notwithstanding that the other offences are non-cognizable.
View Complete Act List Judgments citing this sectionCode of Criminal Procedure, 1973 Section 190
Title: Cognizance of Offences by Magistrates
State: Central
Year: 1973
.....the second 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 a police report of such facts; (c) upon information received from any person other than a police officer, or upon hi s own knowledge, that such offence has been committed. ( 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 hi s competence to inquire into or try. STATE AMENDMENT 1Punjab and Union Territory of Chandigarh: After section 190 insert the following section, namely:- " 190 A. Cognizance of offences by Executive Magistrate.-Subject to the provisions of this Chapter any Executive Magistrate may take cognizance of any specified offence- (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 hi s own knowledge, that such offence has been committed." _______________________ 1. Vide Punjab Act 2 2 of 1983 (w.e.f......
View Complete Act List Judgments citing this sectionProvincial Small Cause Courts Act, 1887 Section 15
Title: Cognizance of Suits by Courts of Small Causes
State: Central
Year: 1887
(1) A Court of Small Causes shall not take cognizance of the suits specified in the second schedule as suits excepted from the cognizance of a Court of Small Causes. (2) Subject to the exceptions specified in that schedule and to the provisions of any enactment for the time being in force, all suits of a civil nature of which the value does not exceed five hundred rupees shall be cognizable by a Court of Small Causes. (3) Subject as aforesaid, the State Government may, by order in writing, direct that all suits of a civil nature of which the value does not exceed one thousand rupees shall be cognizable by a Court of Small Causes mentioned in the order [For notifications issued under this section, see different local R. and O.]
View Complete Act List Judgments citing this sectionRailways Act, 1989 Section 180F
Title: Cognizance by Court on a Complaint Made by Officer Authorised
State: Central
Year: 1989
Section 180F - Cognizance by Court on a complaint made by officer authorised 1[Section 180F - Cognizance by Court on a complaint made by officer authorised No court shall take cognizance of an offence mentioned in sub-section (2) of section 179 except on a complaint made by the officer authorised. ________________________________ 1.Inserted Sections 180A to 180G by the Railways (Second Amendment) Act, 2003.
View Complete Act List Judgments citing this sectionTrade Marks Act, 1999 (47 of 1999) Section 115
Title: Cognizance of Certain Offences and the Powers of Police Officer for Search and Seizure
State: Central
Year: 1999
.....to the effect that a registered trade mark has been represented as registered in respect of any goods or services in respect of which it is not in fact registered. (2) No court inferior to that of a Metropolitan Magistrate or Judicial Magistrate of the first class shall try an offence under this Act. (3) The offences under section 103 or section 104 or section 105 shall be cognizable. (4) Any police officer not below the rank of deputy superintendent of police or equivalent, may, if he is satisfied that any of the offences referred to in sub-section (3) has been, is being, or is likely to be, committed, search and seize without warrant the goods, die, block, machine, plate, other instruments or things involved in committing the offence, wherever found, and all the articles so seized shall, as soon as practicable, be produced before a Judicial Magistrate of the first class or Metropolitan Magistrate, as the case may be: Provided that the police officer, before making any search and seizure, shall obtain the opinion of the Registrar on facts involved in the offence relating to trade mark and shall abide by the opinion so obtained. (5) Any person having an interest in.....
View Complete Act List Judgments citing this sectionNegotiable Instruments Act, 1881 Section 142
Title: Cognizance of Offences
State: Central
Year: 1881
1[ 142 . Cognizance of offences Notwithstanding anything contained in the Code of Criminal Procedure, 1973 ( 2 of 1974 )-- (a) no court sh all take cognizance of any offence punishable under section 138 except upon a complaint, in writing, made by the payee or, as the case may be, the holder in due course of the cheque; (b) such complaint is made within one month of the date on which the cause-of-action arises under clause (c) of the proviso to section 138 : 2[Provided that the cognizance of a complaint may be taken by the Court after the prescribed period, if the complainant satisfies the Court that he had sufficient cause for not making a complaint within such period.] (c) no court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class sh all try any offence punishable under section 138 .] ___________________ 1 . Inserted b y Act 66 of 1988 , sec. 4 (w .e.f . 1 - 4 - 1989 ). 2 . Inserted b y Act 55 of 2002 , sec. 9 (w .e.f . 6 - 2 - 2003 ).
View Complete Act List Judgments citing this sectionGeographical Indications of Goods (Registration and Protection) Act, 1999 Section 50
Title: Cognizance of Certain Offences and the Powers of Police Officer for Search and Seizure
State: Central
Year: 1999
.....to the effect that a registered geographical indication has been represented as registered in respect of any goods in respect of which it is not in fact registered. (2) No court inferior to that of a Metropolitan magistrate or Judicial Magistrate of the first class shall try an offence under this Act. (3) The offences under section 39 or section 40 or section 41 shall be cognizable. (4) Any police officer not below the rank of deputy superintendent of police or equivalent, may, if he satisfied that any of the offences referred to in sub-section (3) has been, is being, or is likely to be, committed, search and seizure without warrant the goods, die, block, "machine, plate, other instruments or things involved in committing the offence, wherever found, and all the articles so seized shall, as soon as practicable, be produced before the Judicial Magistrate of the first class or Metropolitan Magistrate, as the case may be: Provided that the police officer, before making any search and seizure, shall obtain the opinion of the registrar on the facts involved in the offence relating to geographical indication and shall abide by the opinion so obtained. (5) Any person having.....
View Complete Act List Judgments citing this sectionEssential Commodities Act, 1955 Section 10A
Title: Offences to Be Cognizable
State: Central
Year: 1955
1 [10A. Offences to be cognizable 2 [3 [***] Notwithstanding anything contained in 4 [the Code of Criminal Procedure, 1973 (2 of 1974)] every offence punishable under this Act shall be "cognizable 2 [3 [***]]]. 5 [***] ____________________________ 1. Inserted by Act 36 of 1967, section 9 (w.e.f. 30-12-1967). 2. The words "and bailable" omitted by Act 30 of 1974, section 7 (w.r.e.f. 22-6-1974). 3. After the word "cognizable'' the words "and non-bailable" were Inserted by Act 18 of 1981 as amended by Act 34 of 1993 for a period of fifteen years, now they stand ceased to have effect after the expiry of fifteen years. See Appendix -- Section 9 of the Essential Commodities (Special Provisions) Act, 1981 (18 of 1981). 4. Substituted by Act 30 of 1974, section 7, for "the Code of Criminal Procedure, 1898 (5 of 1898)" (w.e.f. 22-6-1974). 5. Section 10AA was Inserted by Act 34 of 1993 for a period of fifteen years which now stands ceased to have effect after the expiry of fifteen years. See Appendix -- Section 9A of the Essential Commodities (Special Provisions) Act, 1981 (18 of 1981).
View Complete Act List Judgments citing this sectionMetal Tokens Act, 1889 Section 5
Title: Cognizance of Offences Under the Last Foregoing Section
State: Central
Year: 1889
(1) The offence of making, in contravention of section 3, any such piece as is mentioned in that section shall be a cognizable offence. (2) Notwithstanding anything in the [See now the Code of Criminal Procedure, 1898 (5 of 1898)] Code of Criminal Procedure, 1882 (10 of 1882), no other offence punishable under section 4 shall be a cognizable offence, or beyond the limits of a presidency-town be taken cognizance of by any Magistrate, except a District Magistrate or Sub-divisional Magistrate, without the previous sanction of the District Magistrate or Sub-divisional Magistrate.
View Complete Act List Judgments citing this sectionNarcotic Drugs and Psychotropic Substances Act, 1985 Section 37
Title: Offences to Be Cognizable and Non-bailable
State: Central
Year: 1985
.....Code of Criminal Procedure, 1973 (2 of 1974)-- (a) every offence punishable under this Act shall be cognizable; (b) no person accused of an offence punishable for2[offences under section 19 or section 24 or section 27A and also for offences involving commercial quantity] shall be released on bail or on his own bond unless-- (i) the Public Prosecutor has been given an opportunity to oppose the application for such release, and (ii) where the Public Prosecutor opposes the application, the court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail. (2) The limitations on granting of bail specified in clause (b) of sub-section (1) are in addition to the limitations under the Code of Criminal Procedure, 1973 (2 of 1974) or any other law for the time being in force, on granting of bail.] ______________________ 1. Substituted by Act 2 of 1989, section 12, for section 37 (w.e.f. 29-5-1989). 2. Substituted by Act 9 of 2001, section 17, for "a term of imprisonment of five years or more under this Act" (w.e.f. 2-10-2001).
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