Judicial Dictionary - C
Judicial Dictionary
Legislative Dictionary
Cognizance
Category | C |
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Title | Cognizance |
Details | "The word 'cognizance' refers to a stage of mutual condition at which the Magistrate or a Judge decide upon taking necessary steps to initiate or judicial proceeding against a person accused of an offence for placing him on trial with a view to determine the truth order or otherwise of the accusation.” (Rezaul Bari (Md.) Vs. Bangladesh & others, 2010, 39 CLC (HCD) [7669]) Judicial notice or knowledge; the judicial recognition or hearing of a cause; the right to take notice of and determine a cause. Section 57 of the Evidence Act 1872, mentions facts which the court is bound to take judicial notice of. Section 190 of the Code of Criminal Procedure, 1898 empowers a Magistrate of the First and Second classes to take cognizance of an offence in three ways, viz., (i) on complaint; (ii) on police report (iii) on information from any person other than a police officer or on his own knowledge. Cognizance means taking notice of an offence by a “Criminal Court” initiating a judicial proceeding against an accused or taking steps to see whether there is any basis for initiating any proceeding. (Abdur Gafur Vs. The State, 15 BLD (HCD) 604) |
Created On | April 23, 2011, 5:28 AM |
Hits | 772 |