Magistrate’s Power of Taking Cognizance: A Legal and Judicial Analysis
Lalitendu Debata[1], Soumya Ranjan Panigrahi[2] and Anoushka Paul[3]
[1] Law Student, 2nd Year, L.L.M., P.G. Department of Law, Sambalpur University.
[2] Law Student, 2nd Year, L.L.M., P.G. Department of Law, Sambalpur University.
[3] Law Student, 5th Year, B.A.LLB. (H), University Law College, Utkal University.
ABSTRACT
The word cognizance has its origin from the old French term “connaissance” which means “recognition, wisdom, knowledge, and familiarity” and also from the word “conoistre” which means “to know”. It is also derived from the Latin word “cognosis” where the con means ‘with’ and gnosis means ‘to know’. The word Cognizance has not been defined in the criminal procedure code, but the meaning of cognizance is derived from the number of precedents and judicial pronouncements. The dictionary meaning of cognizance is “taking account of, taking note of, to gain knowledge about, to have knowledge regarding something”. This paper deals with the legal analysis of the statutory provisions and the judicial interpretations of the term cognizance and how the magistrates exercise their power to take cognizance.
KEYWORDS
Cognizance, Magistrate, Thana, Jurisdiction, Cr.P.C., Judiciary
INTRODUCTION
There are four main kinds of courts according to the Code of Criminal Procedure (hereinafter Cr.P.C.), 1973. Every court functions within its own jurisdiction, and each court has its own jurisdiction. The name and nature of courts are specified in Chapter II of the Cr.P.C. This article discusses the judicial magistrate’s territorial jurisdiction when exercising cognizance under section 190 of the Criminal Procedure Code. It attempts to respond to inquiries about the distribution of Police Stations (hence, Police station) to the Judicial Magistrate. Is there a correlation between the recognition taking power of Judicial Magistrate First Class (hereinafter JMFC) and the allocation of Police Station? What is the process for the Special Magistrate appointed by special legislation to take recognition? Understanding these inquiries is crucial given the recent appointments that the States have been making in the lower judiciary. Newly hired officers occasionally encounter these inquiries when handling records that have been transferred to them by the Chief Judicial Magistrate (hereinafter CJM). However, it is crucial to examine the hierarchy of courts first.