cognizance

what is cognizance

cognizance is the  application of judicial mind to the facts of a case to determine whether the  facts disclosed constitute an offence ( 1985 SCMR 1314)

Section 190 provides for cognizance of offences by Magistrate ; by its subsection(  1) all  Magistrates  of 1 st  Class or any other Magistrate especially empowered by provincial Government on the  recommendations  of  the High  Court may take cognizance of any offence

(a) upon receiving a complaint

(b) upon a police report

(c) upon information received from any person other  a police officer; or upon his own knowledge or suspicion;

that such offence has been committed  which he may try or send to the Court of Session for trial

Upon receiving a complaint

The provision in section 190 empowers a Magistrate to take cognizance of an offence upon receiving a complaint which constitute an offence .

Complaint { sec 4( 1) clause h

The allegations made orally or in writing to a Magistrate with a view to his taking action under this code that some person , whether known or  unknown , has committed an offence

but

it does not include the report of a police officer.
section 200

it requires that a Magistrate taking cognizance of an offence on complaint shall at once

(a) examine the complainant upon oath

(b) substance of the examination shall be reduced  to writing 

(c) shall be signed by the complainant and also by Magistrate 

section 201

it provides that if the complaint has been made in writing to a Magistrate who is not competent to take cognizance of the case, he shall return the complaint for presentation to the proper court with an endorsement to that effect.

section 202

it says any court on receipt of a complaint to postpone the issue of process for compelling the attendance of the accused  person and to enquire into the case itself or direct an inquiry or investigation to be   made by  any justice of the peace or by a police officer.

A Court of Session may direct  the investigation to be made by a Magistrate subordinate to  it for the purpose of ascertaining the truth   or falsehood   of the complaint.

section 203

The Court before whom a complaint is made or to whom it has been transferred or sent may dismiss the complaint if after considering the statement on oath of the complainant and the result of the investigation or inquiry if any under section 202 there is in his  judgment no sufficient ground

for proceeding. In such case he shall briefly record his reasons for so doing.