Question: What is taking cognizance?

How to determine whether the Court has take

n cognizance in a given case? Cite relevant case laws.
The main purpose of the Code of Criminal Procedure, 1973 is to give the accused
a chance to have a fair trial in accordance with the principles of natural justi
ce. There are various steps which should be followed in order to in the furthera
nce of that goal. These include pre-trial procedures such as arrests, search and
seizures, etc; determining jurisdiction of police and courts regarding investig
ation and trial; bail; trial procedure including cognizance of offences, initiat
ion of proceedings etc; and finally the execution of final decision.
In law, the common understanding of the term cognizance is taking judicial notice b
y a court of law, possessing jurisdiction, on a cause or matter presented before
it so as to decide whether there is any basis for initiating proceedings and de
termination of the cause or matter judicially'". In R.R.Chari v. State of U.P th
e Hon'ble Supreme Court held that, taking cognizance does not involve any formal
action or indeed action of any kind but occurs as soon as a Magistrate as such a
pplies his mind to the suspected commission of offence .
In the case of Pitambar Buhan v. State of Orissa , it was held that taking cogni
zance includes intention of initiating a judicial proceeding against an offender
in respect of an offence or taking steps to see whether there is basis for init
iating a judicial proceeding.
In Tula Ram v. Kishore Singh , the Court held that taking cognizance does not in
volve any formal action, or indeed action of any kind, but occurs as soon as a m
agistrate, as such applies his mind to the suspected commission of an offence fo
r the purpose of proceeding to take subsequent steps towards injury or trial. Al
so, When a magistrate applies his mind not for the purpose of proceeding as ment
ioned above, but for taking action of some other kind, like ordering investigati
on under s.156(3) or issuing a search warrant for the purpose of investigation h
e cannot be said to have taken cognizance of the offence. And the word cognizanc
e has been used in the Code to indicate the point when the magistrate or a judge
first takes judicial notice of an offence.
Any Magistrate of the first class and the second class may take cognizance of an
y offence. Section 190- 199 of the code describe the methods by which, and the l
imitations subject to which, various criminal courts are entitled to take cogniz
ance of offences.
Section 190(1) provides that, subject to the provisions of S. 195-199, any magis
trate of the first class and any magistrate of the second class especially empow
ered in this behalf, may take cognizance of any offences-
a) Upon receiving a complaint of facts which constitute such offence.
b) Upon a police report of such facts.
c) Upon information received from any person other than a police officer, or upo
n his own knowledge, that such an offence has been committed.
In the case of Anil Saran v. State of Bihar and Another , it was held that wheth
er the Magistrate has taken cognizance of offence on a complaint or on a police
report or upon information of a person other than the police officer, depends up
on further steps taken pursuant thereto and the attending circumstances of the p
articular case including the mode in which case is sought to be dealt with or th
e nature of action taken by Magistrate. Basically, it means taking cognizance de
pends upon the circumstantial facts of cases. If the Magistrate after applying
his judicial mind to the averments in the complaint, decides to record the sworn
statement of the complainant under section 200 CrPC (i.e. decides to proceed un
der Chapter XV CrPC) he can legitimately be said to have taken cognizance of the
offence. Even the actual recording of the sworn statement under section 200 of
 crpc is not necessary.
Therefore, cognizance of an offence is acknowledged by a Magistrate when he appl
ies his judicial mind to the commission of the offence with the intention of mov
ing the proceeding on to injury or trial.