What is 'Cognizance' under the Code of Criminal Procedure (CrPC)?

 

INTRODUCTION

 

Today, I will talk about the case of Pradeep S. Wodeyar v. the State of Karnataka, Criminal Appeal No. 1288 of 2021, wherein the Hon’ble Supreme Court discussed the concept of “cognizance” as enshrined under the Code of Criminal Procedure, 1973 (in short, “CrPC”).

 

DICTIONARY MEANING

 

But before adverting any further, let us understand the dictionary meaning of ‘cognizance’. Black’s Law Dictionary, Eighth Edition, defines ‘cognizance’ as “a court’s right and power to try and to determine cases” or “the taking of judicial or authoritative notice” or “acknowledgement or admission of an alleged fact.” On the present show, we will be more concerned with the definition that explains cognizance as “a court’s right and power to try and to determine cases.”

 

IMPORTANT PROVISIONS

 

Basically, Section 190 of CrPC states that a Magistrate may take cognizance of any offence when: -

 

a. The Magistrate receives a complaint of facts which constitute an offence;

b. There is a police report of such facts; and

c. Information is received from any person other than a police officer or upon his own knowledge that an offence has been committed.

 

Thus, aforestated are the three modes by which cognizance may be taken under S. 190 by a Magistrate. It “sets out the different ways in which a Magistrate can take cognizance of an offence, that is to say, take notice of an allegation disclosing commission of a crime with a view to setting the law in motion to bring the offender to book.”

 

But what about the Court of Sessions? How can a Court of Sessions take cognizance? Till now, we have talked only about cognizance by Magistrate. According to Section 193 of CrPC, “no Court of Session shall take cognizance of any offence as a Court of original jurisdiction unless the case has been committed to it by a Magistrate.” Thus, usually, a Court of Session shall take cognizance of any offence when such case has been committed to it by a Magistrate. In case there is any express provision to the contrary either in the CrPC or any other law, the same shall override the mandate of Section 193.

 

In this regard, S. 209 may also be apposite for perusal. It states that “when a case is instituted either on a police report or otherwise, and it appears to the Magistrate that the offence is exclusively triable by the Sessions Court, he shall commit the case to the Court of Session.”

 

NATURE AND PURPOSE OF ‘COGNIZANCE’

 

Further, it is also to be noted that the expression used in these provisions is ‘cognizance of any offence’. Thus, cognizance is always of the offence and not the offender. According to the Court, “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.”

 

In the present case, the Court also explained that “the purpose of taking cognizance of the offence instead of the accused is because the crime is committed against the society at large. Therefore, the grievance of the State is against the commission of the offence and not the offender.”

 

In view of the Court, “the offender as an actor is targeted in the criminal procedure to provide punishments so as to prevent or reduce the crime through different methods such as reformation, retribution and deterrence. Cognizance is thus taken against the offence and not the accused since the legislative intent is to prevent crime. The accused is a means to reach the end of preventing and addressing the commission of crime.”

 

SUMMARY AND CONCLUSION

 

Therefore, in conclusion, following points emerge: -

 

a. Cognizance’ is “a court’s right and power to try and to determine cases.”

b. S. 190 provides for the modes of taking cognizance by a Magistrate.

c. S. 193 provides that a Court of Session shall take cognizance of any offence when such case has been committed to it by a Magistrate.

d. S. 209 provides that when a case is triable exclusively by Court of Session, the Magistrate shall commit the same to the Court of Session.

e. Cognizance is always of the offence and not the offender since the legislative intent is to prevent crime.

f. The accused is a means to reach the end of preventing and addressing the commission of crime.

 

Thus, I hope that the nature, meaning and scope of ‘cognizance’ under CrPC is clear by now.