Taking Cognizable - Definition - Law Dictionary Home Dictionary Definition taking-cognizable

Definition :

Taking cognizable, the expression 'taking cogniz-able' means the Magistrate take cognizance of an offence and not the offenders, Raghubans Dubey v. State of Bihar, (1967) 2 SCR 423: AIR 1967 SC 1167 (1169). [Cri PC, 1898, s. 190(1)(b)]

The expression 'taking cognizance' in s. 190 of the Code of Criminal Procedure, 1973 which merely means judicial application of the mind of the Magistrate to the facts mentioned in the complaint with a view to taking further action, Tula Ram v. Kishore Singh, AIR 1977 SC 2401 (2403): (1977) 4 SCC 459: (1978) 1 SCR 615 [Criminal Procedure Code, 1973 s. 190 (1) (a)]

When the Magistrate applies his mind not for the purpose of proceeding under the subsequent sections of this Chapter, but for taking action of some other kind, e.g., ordering investigation under s. 156(3), or issuing a search warrant for the purpose of the investigation, he cannot be said to have taken cognizance of the offence, Gopal Das Sindhi v. State of Assam, AIR 1961 SC 986 (989): (1961) 2 Cri LJ 39. [Criminal PC, (5 of 1898), s. 190]

Taking cognizance, would mean the action taken by the court for initiating judicial proceedings against the offender in respect of the offence regarding which the complaint is filed, Narayandas Bhagwandas Madhavdas v. State of West Bengal, AIR 1959 SC 1118: 1959 Cr LJ 1368.