Addition & Deletation Section In FIR & Report u/s. 169 Cr.P.C.

Criminal Law

Addition & Deletion Section In FIR & Report u/s. 169 Cr.P.C.

CONDITIONS REQUISITE FOR INITIATION OF PROCEEDINGS

  1. Cognizance of offences by Magistrates. –
  • Subject to the provision of this Chapter, any Magistrate of the first class, and any Magistrate of the second class specially empowered in this behalf under sub-section (2), may take cognizance of any offence –
  • Upon receiving a complaint of facts which constitute such offence;
  • Upon a police report of such facts;
  1. Trial of offences under the Indian Penal code and other laws –
  • 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.
  • All offences under any other law shall be investigated, inquired into, tried, and otherwise dealt with according to the provisions,

But subject to any enactment for the time being in force regulating the manner or place of investigating, inquiring into, trying or otherwise dealing with such offences.

  1. Saving – Nothing contained in this Code shall, in the absence of a specific provision to the contrary, affect any special or local law for the time being in force, or any special jurisdiction or power conferred, or any special form of procedure prescribed, by any other law for the time being in force.
  2. Cognizance of offences by Courts of Session –

Except as otherwise expressly provided by this Code or by any other law for the time being in force, 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 under this Code.

  1. The commitment of the case to Court of Session when an offence is triable exclusively by it –

When in a case instituted on a police report or otherwise, the accused appears or is brought before the Magistrate and it appears to the Magistrate that the offence is triable exclusively by the Court of Session, he shall –

What is Cognizance & Taking Cognizance?

The word ‘cognizance’ rooting from Old French “cognisance”, based on Latin “cognoscere”) or the words ‘taking cognizance’ have not been deciphered and defined in the procedural law.

These words derive definite connotation from a plethora of precedents and gain perceptive explanation and incisive exegesis from judicial pronouncements.

While plain and dictionary meaning thereof are ‘taking note of’, taking account of’, ‘to know about, ‘to gain knowledge about, ‘awareness about certain things etc.

 

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