Judicial Dictionary - C

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Cognizable case

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CategoryC
TitleCognizable case
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Sections 156 and 157 of Code of Criminal Procedure contain enabling provisions giving power to the officer-in-charge of a police station to hold investigation in a case involving cognizable offence. Under section 156, an officer-in-charge may investigate a “cognizable case”. The use of the expression “cognizable case” indicates that there must be a case which starts on the basis of an information. Publication of a report in a newspaper about commission of a cognizable offence against a particular person is not “information” within the meaning of section 154. The information on which the officer-in-charge the police station may start investigation must be a credible information received by such an officer either from a private person or from any intelligence source or agency. Even if there is a formal first information report, the police officer is not legally bound to hold investigation in view of proviso (b) to section 157(1).

(Mohammod Hossain, Advocate Vs. Quamrul Islam Siddique, Secretary, Ministry of Housing and Public Works, Bangladesh Secretariat, Dhaka and others, 2001, 30 CLC (HCD) [3983])

Created OnMarch 11, 2014, 3:09 AM
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