Complaint to Magistrate PROVISION OF LAW What is Cognizance & Taking Cognizance?
While plain and dictionary meaning thereof is ‘taking note of’, ‘taking account of’, ‘to know about’, ‘to gain knowledge about’, ‘awareness about certain things’ etc.
According to Black’s Law Dictionary the word
“Cognizance” means “jurisdiction” or “the exercise of Jurisdiction” or “power to try and determine causes”.
Section 2: Definition:
(d) “complaint” means any allegation made orally or in writing to a Magistrate, with a view to this taking action under this Code, that some person, whether known or unknown, has committed offence, but does not include a police report.
(h) “investigation” includes all the proceedings under this Code for the collection of evidence conducted by a police officer or by any person (other than a Magistrate) who is authorized by a Magistrate in this behalf;
(g) “inquiry” means every inquiry other than a trial, conducted under this Code by a Magistrate or court;
(j) “local jurisdiction”, in relation to a Court or Magistrate, means the local area within which the Court or Magistrate may exercise all or any of its or his powers under this Code and such local area may compromise the whole of the State, or any part of the as the State Government may, by notification, specify;
(n) “offence” means any act or omission made punishable by any law for the time being in force and includes any act in respect of which a complaint may be made under section 20 of the Cattle trespass Act, 1871 (1 of 1871).
(o) “officer in charge of a police station” includes when the officer in charge of the police station is absent from the station-house or unable from illness or other cause to perform his duties, the police officer present at the station-house who is next in rank to such officer and is above the rank of constable or, when the State Government so directs, any other police officer so present.
4. Trial of offences under the Indian Penal Code and other laws.–
(1) All offences under the Indian Penal Code (45 of 1860) shall be investigated, inquired into, tried, and otherwise dealt with according to the provisions hereinafter contained.
(2) All offences under any other law shall be investigated, inquired into, tried, and otherwise dealt with according to the same provisions.
But subject to any enactment for the time being in force regulating the manner of place of investigating, inquiring into, trying or otherwise dealing with such offences.