cognizance

The word is not defined in the BNSS. A Magistrate takes cognizance under s.210 BNSS (old s.190 CrPC) on a complaint, on a police report, or on information or his own knowledge. Cognizance is taken of the offence, not of the offender, so persons not named by the police may later be summoned.

Some offences need a sanction or a complaint by a particular person before cognizance can be taken, for example offences by public servants in the discharge of duty. On a complaint, the BNSS requires that the accused be heard before cognizance is taken. Cognizance is also barred after the limitation periods in the BNSS. Taking cognizance is a judicial act; merely ordering investigation is not.

Example

The Magistrate took cognizance of the offence on the police report under section 210(1)(b) BNSS and issued summons to the accused.

In Indian law

• Section 210, Bharatiya Nagarik Suraksha Sanhita, 2023 (old s.190 CrPC) (cognizance of offences by Magistrates)
• Section 223, BNSS (old s.200 CrPC) (examination of complainant; proviso on hearing the accused)

See also

complainant · charge sheet · closure report · magistrate

Read more in the study notes

• Cognizance, dismissal of complaints, commencement of proceedings and limitation (Bharatiya Nagarik Suraksha Sanhita)
• Penal provisions for dishonour of cheques (ss.138-148) and the Bankers' Books Evidence Act, 1891 (Banking Law)
• Criminal procedure: meaning, background and salient features of the BNSS (Bharatiya Nagarik Suraksha Sanhita)
• Trial before a Court of Session (Bharatiya Nagarik Suraksha Sanhita)
• Jurisdiction in inquiries and trials, evidence, and general provisions as to inquiries and trials (Bharatiya Nagarik Suraksha Sanhita)
• Disposal of property: photography, videography and time-bound release (Bharatiya Nagarik Suraksha Sanhita)