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(AFFILIATED TO JNVU, JODHPUR)

BA.LLB 6th SEMESTER

SUBJECT: CRIMINAL PROCEDURE CODE JUVENILE JUSTICE

AND LAW OF PROBATION

TOPIC: MEANING OF COGNIZANCE & PROCEDURE OF

COMPLAIN TO MAGISTRATE WITH HELP OF CASELAWS

SUBMITTED TO: SUBMITTED BY:

DR. ABHAY PUROHIT MEHAK SINGHAL
ACKNOWLEDGEMENT
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I would like to express my special thanks of gratitude to my

teacher DR.ABHAY PUROHIT who gave me the golden
opportunity to do this wonderful project on the topic MEANING
OF COGNIZANCE & PROCEDURE OF COMPLAIN TO
MAGISTRATE WITH HELP OF CASELAWS , which also
helped me in doing a lot of Research and I came to know about
so many new things I am really thankful to them.
Secondly I would also like to thank my parents and friends who
helped me a lot in finalizing this project within the limited time
frame.
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CERTIFICATE

This is to certify that Mehak Singhal, student of 6 th semester,

second year BA.LLB has successfully completed the research on
the given topic (MEANING OF COGNIZANCE AND
PROCEDURE OF COMPLAIN TO MAGISTRATE WITH
HELP OF CASELAWS),CRIMINAL PROCEDURE CODE
JUVENILE JUSTICE AND LAW OF PROBATION under the
guidance of DR. ABHAY PUROHIT.
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INDEX

 MEANING OF COGNIZANCE
 COMPLAINS TO MAGISTRATE
 INTRODUCTION
 SECTION 200
 SECTION 201
 SECTION 202
 SECTION 203
 CONCLUSION
 REFERENCES
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MEANING OF COGNIZANCE

‘‘Cognizance’’ in general meaning is said to be ‘knowledge’ or ‘notice’, and taking ‘cognizance of

offences’ means taking notice, or becoming aware of the alleged commission of an offence. The
dictionary meaning of the word ‘cognizance’ is ‘judicial hearing of a matter’. The judicial officer
will have to take cognizance of the offence before he could proceed with the conduct of the trial.
Taking cognizance does not involve any kind of formal action but occurs as soon as a magistrate as
such applies his mind to the suspected commission of an offence for the purpose of legal
proceedings. So, taking cognizance is also said to be the application of judicial mind.
It includes the intention of starting a judicial proceeding with respect to an offence or taking steps
to see whether there is a basis for starting the judicial proceeding. It is trite that before taking
cognizance that court should satisfy that ingredients of the offence charged are there or not. A
court can take cognizance only once after that it becomes ‘functus officio’.
If a magistrate involves his mind not for reason of proceeding as mentioned above, but for taking
action of some other kind, example ordering investigation under Section 156(3) or issuing the
search warrant for the purpose of the investigation, he cannot be said to have taken cognizance of
offence.
The term ‘Cognizance of offence’ has not been defined in the Criminal Procedure Code. Section
190, 191, 192, 193, 194, 195, 196, 197, 198, and 199 deals with methods by which and the
limitations subject to which various criminal courts are established to take cognizance of offences.
However, the meaning of the term is well defined by the Courts. Taking cognizance is the first and
foremost steps towards the trail. The judicial officer will have to take cognizance of the offence
before he could proceed to conduct or trail.
“Taking cognizance does not mean any formal action or expected action of any kind but occurs as
soon as a magistrate as such involves his mind to the suspected commission of an offence.1”

1
R.R. Chari v. State of U.P.
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COMPLAINS TO MAGISTRATE

INTRODUCTION

Chapter XV of the Code deals with complaint to magistrates. The chapter includes Section 200
and extends to Section 203.
Section 200 deals with the examination of witnesses and complainant on taking cognizance of the
offence of complaint for the purpose of verifying the details of such complaints by examining the
concerned persons under oath and Section 201 states the procedure of the magistrate who is not
competent to take the cognizance of the said offence of complaint.
The provision of Section 202 CrPC deals with whether the magistrate will himself investigate or
direct an investigation by police etc. Under section 203 CrPC if the magistrate doesn’t find any
sufficient ground to proceed further, he may direct the dismissal of the complaint.
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SECTION 200

Section 200 of the Code deals with the examination of the complainant. This section is important
for examining the genuineness and reliability of the complaint or statements given by the
complainant and the witnesses.
When a magistrate takes the cognizance of an offence on a complaint, he/she shall examine the
complainant and the witnesses present on oath. The substance of such examination by the
magistrate shall be written and signed by the complainant, witnesses and the magistrate.
In the situation where a complaint has been written down, then the magistrate is not required to
examine the complainant and witnesses in the following cases-
1. If a public servant during discharging his official duties or purporting to discharge his
duties or court has made such a complaint
2. If the magistrates make over the case to another magistrate under section 192 of CrPC.
In the case where the magistrate has already examined the witnesses and the complainant and then
makes over the case to the concerned magistrate under section 192 of CrPC then there is no
requirement for reexamining the witnesses and the complainant.
The objective behind the examination for complainant under Section 200 CrPC by the magistrate is
that a large number of complaints are filed by private individuals, many of which may be frivolous
in nature. Therefore, it is considered necessary to verify the details of such complaints by
examining the complainant on oath under Section 200 of CrPC and the power to take cognizance
upon such private complaint lies under section 190 of CrPC.
In the case of Doshi Brothers vs the State of Maharashtra2, hon’ble Justice Naidu held that the
examination of complaints is done to discover the truth or otherwise of the allegations made. The
objective behind this is to decide the issue from the complainant’s viewpoint, with no reference to
the possible defence. Thus, the procedure under Section 200 CrPC is non-adversarial. The
statements that is recorded is only the substance or gist of the case not the exact statement given by
the complainant. Therefore, it is not a piece of substantial evidence to be used to refute or
dishonour the complainant.

2
(2020) 1 Mah LJ 759
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SECTION 201

Section 201 is invoked when the magistrate is incompetent to take cognizance of the case. A
magistrate is not competent to take cognizance of the case when he lacks the territorial jurisdiction
to deal with the offence.
In such a situation the concerned magistrate shall-
1. The Complaint in writing – Return the complaint for the presentation to the proper court
with approval to the effect.
2. Complaint not in writing –Direct the complaint to the proper court.
In the case of Ramadhar Singh R.D Singh v. Smt Ambika Sahu 3, the hon’ble Supreme court
stated clearly in its judgment that without invading into the worthiness of the matter what has to be
fundamentally seen is the appeal and the prerequisite of the law below which the same has been
registered under Section 201 CrPC.

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27TH OCT 2016
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SECTION 202

This section deals with the postponement of issue of process.

In the situation when any magistrate receives anyreceipt of a complaint of an offence of which he
has the authority to take cognizance upon or which was referred to the concerned magistrate by the
Section 192 CrPC may postpone the issue of process against the accused and could either take the
inquiry of the case under him or direct the investigation to be done by a police officer or any
person as he deems fit for deciding whether there is any sufficient ground for proceeding. 
The magistrate may even take the cognizance on receipt of a complaint of an offence against the
accused when the accused is residing at a place which is beyond the area of jurisdiction of the
concerned magistrate.
No direction for investigation shall be made in the following situations-
1. That the offence complained of is triable exclusively by the court of session
2. The complaint has not been made by a court
The magistrate in an inquiry under subsection (1) may call the complainant to produce all his
witnesses and examine them on oath where the offence complained of is triable exclusively by the
court of session.
In a situation when the investigation under subsection (1) is done by a person who is not a police
officer, then that person shall have all the powers conferred under this code on an officer of a
police station except the power to arrest without warrant.
The Apex court in the case of Manharibhai Muljibhai Kakadia v. Shaileshbhai Mohanbhai
Patel4 held that the accused doesn’t have the right to intervene in the course of an inquiry by the
magistrate under section 202.
In the case of Chimanlal v Datar Singh5, the court held that the dismissal of a complaint is not
proper if the Magistrate has failed to examine material witness under Section 202.

4
(2012) 10 SCC 517
5
1998 CriLJ 267
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SECTION 203

Section 203 deals with the dismissal of the complainant. In the situation when the magistrate after
examining the complainant and the witness and getting the result of the inquiry under section 202
believes that there is no sufficient ground for proceeding then the complaint may be dismissed by
the magistrate and the magistrate is required to briefly record his reasons for doing so.
In the case of Manharibhai Muljibhai Kakadia v. Shaileshbhai Mohanbhai Patel 6 the Supreme
court stated that when the complaint is dismissed under section 203 of CrPC at the stage of –
1. Section 200
2. After completion of an inquiry under Section 202
3. On receiving receipt of a report from the police or from any other individual who was
directed by the magistrate to investigate upon the said complaint
4. In any such situation, the result of such dismissal is the termination of the criminal
proceedings.
The Supreme court in the case of Poonam Chand Jain v. Fazru7 explained the exceptional
circumstances in which the second complaint can be entertained. They are –
1. The previous complaint was passed on an incomplete record
2. Misunderstanding regarding nature of the complaint
3. The Order passed was absurd, unjust or foolish
4. New facts were not bought with reasonable diligence in the previous proceedings.
In the case of Bholu Ram v. State of Punjab8 the Apex court held that one cannot challenge the
complaint under section 203 CrPC. The accused cannot be heard at the stage of Section 203and
that the accused has no rule at the said stage.

6
(2012) 10 SCC 517
7
AIR 2010 SC 659
8
(2008) 9 SCC 140
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CONCLUSION

When the complaint is filed in writing before the Court, the magistrate after studying the complaint
registers it. After registering it, the statement of the complainant under Section 200 Criminal
Procedure Code (1973) is recorded on the same day and the case is fixed for recording evidence of
the witnesses under Section 202 of the Code of Criminal Procedure for any other day. After
recording evidence under Section 202 CrPC of the witness or witnesses and the case is fixed for
arguments on summoning. Having heard the arguments on hearing, the case is fixed for next
summoning. If the Magistrate finds or satisfies that evidence related to the offence are available in
the complaint as per evidence under Section 200 and 202 of the Code of Criminal Procedure. The
Magistrate issues the process under Section 204 of the CrPC. against the accused. On the other
hand, if the Magistrate is satisfied after studying evidence under Section 200 and 202 CrPC. that
no prima facie offence is made out and there is no sufficient ground for proceeding then he
dismisses the complaint under Section 203 CrPC.
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REFERENCES

 Indian Kannon
 Bare Act of Cr.PC
 Bare Act of IPC