Magistrate Power
Magistrate power to take cognizance of the offence
After the stage of investigation is completed and the final report is forwarded by the police to competent magistrate, the second stage of fair trial begins that is taking of the cognizance of the offence by the magistrate. In this stage some of the necessary steps have to be take place. These steps are: -
(i) to take cognizance of the offence,
(ii) then the magistrate enquire that whether any prima facia case exist against the accused person and if it exist then,
(iii) to issue process against the accused person in order to secure his presence at the time of trial,
(iv) to supply to the accused person the copies of police statement.
Cognizance of the offence: -
Meaning: - In the Criminal Procedure Code the term 'Cognizance of the offence' is not defined but taking the cognizance of the offence is the first step towards the trial. The literally meaning of Cognizance is knowledge or notice and the taking cognizance of offence means taking notice or becoming aware of the commission of the offence. But the meaning of this expression is now well settled by the Courts. Taking cognizance does not involve any formal action of any kind but it occurs as soon as a magistrate applies his mind to the commission of the offence for the purpose of proceedings to take steps towards the Inquiry or Trial. It also includes intention of intention of initiating a judicial proceedings against an offender in respect of an offence.
By whom the Cognizance of the offence is taken: -
Under Section 190 of the Code, any magistrate of first class may take cognizance of any offence and any magistrate of second class, if specially empowered by the Chief Judicial Magistrate, may take the cognizance of the offence. But the court of session is not to take the cognizance of the offence directly as it is under the original jurisdiction unless the case is given to it by the magistrate.
When the cognizance is taken: -
A
After the stage of investigation is completed and the final report is forwarded by the police to competent magistrate, the second stage of fair trial begins that is taking of the cognizance of the offence by the magistrate. In this stage some of the necessary steps have to be take place. These steps are: -
(i) to take cognizance of the offence,
(ii) then the magistrate enquire that whether any prima facia case exist against the accused person and if it exist then,
(iii) to issue process against the accused person in order to secure his presence at the time of trial,
(iv) to supply to the accused person the copies of police statement.
Cognizance of the offence: -
Meaning: - In the Criminal Procedure Code the term 'Cognizance of the offence' is not defined but taking the cognizance of the offence is the first step towards the trial. The literally meaning of Cognizance is knowledge or notice and the taking cognizance of offence means taking notice or becoming aware of the commission of the offence. But the meaning of this expression is now well settled by the Courts. Taking cognizance does not involve any formal action of any kind but it occurs as soon as a magistrate applies his mind to the commission of the offence for the purpose of proceedings to take steps towards the Inquiry or Trial. It also includes intention of intention of initiating a judicial proceedings against an offender in respect of an offence.
By whom the Cognizance of the offence is taken: -
Under Section 190 of the Code, any magistrate of first class may take cognizance of any offence and any magistrate of second class, if specially empowered by the Chief Judicial Magistrate, may take the cognizance of the offence. But the court of session is not to take the cognizance of the offence directly as it is under the original jurisdiction unless the case is given to it by the magistrate.
When the cognizance is taken: -
A