Cognizance .
s190 to 199 CrPc.
* Literally it means to become aware of.
* Legal Parlance.
* to take judicial notice of an offence snd to probe whether an offence has been committed or not, and if committed then whether proceed according to provisions of lex lata on the subject.It is , first time judicial Notice by the Magistrate of commission of an offence and Judicial check on the police ipsi dixit.
S. 190 Crpc. Basic Rules for Cognizance.
Empowered to take Cognizance .
* All the Magistrates of the first.
* Any other Magistrate specially empowered by the Provincial Government .
* Recommended by High Court .
*· upon receiving a complaint. (S. 200 Crpc)
*· upon a police report.(S.173 Crpc)
*· upon information received from any person other than a police officer,
* Upon his own knowledge that such offence has been committed.
Prerequisites.
Cognizance will be taken only when there is a prime facie case to proceed further.
Procedure after Cognizance.
* He may try himself or send to the Court of Sessions for trial.
Exceptions.
1. S.194......High Court
(1) The High Court may take cognizance of any offence as provided in any Letters Patent or
Order by which a High Court is constituted or continued, or any other provision of this Code.
2. S. 195 . Contempt of Lawful authority of public servants
(1) No Court shall take cognizance: --
(a) Any offence punishable u/Ss. 172 to 188 PPC.
* Except on the complaint in writing of the public servant concerned, or
* of some other public servant to whom he is subordinate;
(b) Any offence punishable under:-
Ss.193, 194, 195,196. 199. 200, 205, 206, 207, 208, 209, 210, 211 and 228.
* when such offence is committed in,
* or in relation to, any proceeding in any Court,
except, on the complaint in writing of such Court or
of some other Court to which such Court is subordinate; or
(c) Of any offence u/Ss. 463,471,475, 476 PPC, when such offence is committed by a party to any proceeding in any Court in respect of a document produced or given in evidence in such proceeding, except on the complaint in writing of such Court, or of some other Court to which such Court is subordinate.
* The term "Court" includes a Civil, Revenue or Criminal Court.
But does not include a Registrar or sub-Registrar under the Registration Act, 1908.
* Upon complaint of appellate Court.
*Upon complaint by the principal Court having original civil jurisdiction.
*Upon complaint by the Appellate Court of inferior jurisdiction, Where appeals lie to more than one Court.
* where appeals tie to a Civil and also to a Revenue Court, such Court shall be deemed
to be subordinate to the Civil or Revenue Court according to the nature of the case or
proceeding in connection with which the offence is alleged to have been committed.
*The provisions with reference to the offences apply to the abetment, attempts and conspiracies of such offences.
Withdrawal of the Complaint .
* The authority to the Public servant may order the withdrawal of the complaint and it shall forward a copy of such order to the Court, and upon receipt thereof by the Court, no further proceedings shall be taken on the complaint.
S..196.Chapter VI or IX-AIX-A
* No Court shall take cognisance of any offence punishable under Chapter VI or IX-A of the Pakistan Penal Code (except Section 127), or
* Punishable u/Ss 108-A,153-A, 294-A, 295-A,505 PPC,
unless upon complaint made by order of or under authority from, the Federal Government or the Provincial Government concerned,
* Some officer empowered in this behalf by either of the two Governments.
4.. 196-A. Criminal conspiracy:
No Court shall take cognizance of :-
* The offence of criminal conspiracy punishable under Section 120-B of the Pakistan Penal Code,
* Object of the conspiracy is to commit either an illegal act other than an offence, or
* A legal act by illegal means, or
* An offence to which the provisions of Section 196 apply,
Except upon complaint is made by:-
* the Federal Government or
* the Provincial Government concerned or
*Some officer empowered in this behalf by either of the two Governments, or
* Object of the conspiracy is to commit any non-cognizable offence,
* a cognizable offence ,
* not punishable with death,
* imprisonment for life or
* rigorous imprisonment for a term of two years or upwards,
unless.
*The Provincial Government or
* District Prosecutor empowered by the Provincial Government, has, by order in writing, consented to the initiation of the proceedings:
* criminal conspiracy is under sub-section (4) of Section 195 .
No such consent shall be necessary196-B.
Preliminary inquiry by Police Officer:-
* Any offence under the provisions of Section 196 or Section 196-A PPC.
* officer in-charge of the investigation in the district] may,order a preliminary investigation.
*No police-officer not being below the rank of inspector shall have the powers to investigate u/S.155, sub-section (3)
5- S.197. CrPc .President, etc .
No Court shall take cognizance of such offence except with the previous
sanction by:-
*The Federation of the President or
* The Governor of that Province.
* Against a Judge u/S.19 of the Pakistan Penal Code, or
* Any Magistrate, or
*Any public servant , removable with the sanction of the Federal Government or
* Provincial Government,
*Accused of any offence committed acting in the discharge of his Official duty,
Power of President or Governor as to prosecution:
The President or Governor, as the case may be, may determine the person by whom, the manner in which, the offence or offences for which, the prosecution of such Judge, Magistrate or public servant is to be conducted, and may specify the Court before which the trial is to be held.
6. S.198. Ch:19,20,21 PPC
No Court shall take cognizance of an offences under:-
* CHAPTER XIX, CRIMINAL BREACH OF CONTRACTS OF SERVICE
* CHAPTER XXI, OF DEFAMATION.
* CHAPTER XX,OF OFFENCES RELATING TO MARRIAGE(Sections 493 to 496)
Except
* Upon a complaint made by some person aggrieved by such offence:
*Some other person may make a complaint.
With permission of Court.
*If aggrieved :-
+ is a woman ,ought not to be compelled to appear in public.
+ As per customs and mariners (sailor)of the country.
+ is under the age of eighteen years.
+ is an idiot or lunatic.
+ is from sickness or infirmity unable to make a complaint.
Armed forces Personnel.
* Certified by the commanding Officer to enable to make a complaint through other person.
* Husband must be aggrieved aggrieved by an offence u/S.494 PPC.
* With the leave of the Court, make a complaint on his behalf u/s.198-A. PPC.
Case of defamation against public servants
7---S.198-A
Defamation against public servants
in respect of their conduct in the discharge of public functions offence falling under Chapter XXI of the PPC is committed against :-
+the President,
+the Prime Minister, +
+ a Federal Minister,
+Minister of State,
+Governor, +
Chief Minister or
+Provincial Minister or
+ any public servant of the Federation or Province.
Cognizance:-
+ A Court of Session may take cognizance of such offence,
+ Upon a complaint in writing -made by the Public Prosecutor.
+ Without the accused being committed to it for trial,
No Complaint by the Prosecutor unless previous sanction:-
+ Any secretary to the Government authorised in this behalf by the Government concerned in cade of:-
+the President,
+the Prime Minister, +
+ a Federal Minister,
+Minister of State,
+Governor, +
+Chief Minister,
+Provincial Minister.
In the case of any public servant
The Government concerned.
√ Contents of Complaint.
+ The facts which constitute the offence alleged,
+The nature of such offence.
+ Particulars as are reasonably sufficient to give notice to accused of the offence.
Limitation.
√ No Court of Session shall take cognizance of an offence unless
the -complaint is made within six months from the date of commission of the offence.
√ Shall follow the procedure prescribed for the trial by Magistrates instituted otherwise than on a police report.
8.........S.199.
Adultery or enticing a married woman ;
•√ No Court shall take cognizance of an offence u/S 497 498 PPC.
Except--
(a) upon a report in writing made by a police-officer on the complaint of the husband of the
woman.
Some Other Person if:-
+In absence of the husband, by the person taking care of the woman on his behalf with permission of the court.
+ Husband is under the age of eighteen years,
+ An idiot or lunatic, or is from sickness or infirmity unable to make a complaint.
may, with the-leave of the Court, make a complaint on his behalf:
* Husband is serving in any of the armed forces of Pakistan, under conditions which are certified by his Commanding Officer.
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