Cognizance - Definition - Law Dictionary Home Dictionary Definition cognizance

Definition :

Cognizance (Judicial), knowledge upon which a judge is bound to act without having it proved in evidence: as the public statutes of the realm, the ancient history of the realm, the order and course of proceedings in Parliament, the privileges of the House of Commons, the existence of war with a foreign state, the several seals of the King, the Supreme Court and its jurisdiction, and many other things. A judge is not bound to take cognizance of current events, however notorious, nor of the law of other countries. See Roscoe's Evidence at Nisi Prius.

Means 'jurisdiction' or 'the exercise jurisdiction' or 'power to try and determine to causes'. In common sense taking notice of, Rakesh Kumar Mishra v. State of Bihar, (2006) 1 SCC 557.

Means 'jurisdiction' or the exercise or jurisdiction or power to try and determine causes, K. Kalimuthu v. V. State By DSP, (2005) 4 SCC 512.

Means 'taking notice of', S.K. Zutshi v. Bimal Debnath, (2004) 8 SCC 31.

Means exercising jurisdiction if it is in respect of a public servant who is accused of an offence alleged to have been committed during the discharge of his official duty, Rajesh Kumar Mishra v. State of Bihar, (2006) 1 SCC 557.

The word 'cognizance' indicates the point when a Magistrate or a Judge first takes judicial notice of an offence. It is entirely a different thing from initiation of proceedings; rather it is the condition precedent to the initiation of proceedings by the Magistrate or the Judge. Cognizance is taken of cases and not of persons, State of W.B. v. Mohd. Khalid (1995) 1 SCC 684: AIR 1995 SC 785.

As provided by s. 190 of the Code of Criminal Procedure a Magistrate may take cognizance of an offence either, (a) upon receiving a complaint, or (b) upon a police report, or (c) upon information received from a person other than a police officer or even upon his own information or suspicion that such an offence has been committed. As has often been held, taking cognizance does not involve any formal action or indeed action of any kind but occurs as soon as a Magistrate applies his mind to the suspected commission of an offence. Cognizance, therefore, takes place at a point when a Magistrate first takes judicial notice of an offence. This is the position whether the Magistrate takes cognizance of an offence on a complaint, or on a police report, or upon information of a person other than a police officer. Therefore, when a Magistrate takes cognizance of an offence upon a police report, prima facie he does so of the offence or offence disclosed in such report, Darshan Singh Ram Kishan v. State of Maharashtra, (1972) 1 SCR 571: (1971) 2 SCC 654: AIR 1971SC 2372.

According to Black's Law Dictionary the word 'cognizance' means 'jurisdiction' or the 'the exercise of jurisdiction' or 'power to try and determine causes'. In common parlance it means taking notice of. A court, therefore, is precluded from entertaining a complaint or taking notice of it or exercising jurisdiction if it is in respect of a public servant who is accused of an offence alleged to have been committed during discharge of his official duty, State of Orissa v. Ganesh Chandra Jain, (2004) 8 SCC 40 (48): AIR 2004 SC 2179. (Criminal Procedure Code, 1973, s. 197)

When Magistrate applies his mind for the purpose of proceeding under s. 20 Cr PC and subsequent sections, it is only then it can be positively be stated that he has taken cognizance, Bhagat Ram v. Surinder Kumar, (2004) 11 SCC 622.

Means 'jurisdiction' or 'the exercise of jurisdiction' or power to try and determine clauses, State of Himachal Pradesh v. M.P. Gupta, (2004) 2 SCC 349