Question

The term "taking cognizance" under the provisions of Criminal Procedure Code, 1973 means

• A. Starting a trial
• B. Completing preliminary requirements for starting a Criminal trial
• C. Taking notice of the matter judicially
• D. An administrative action to decide if criminal trial is required

Hint:

When studying the CPC, focus on the role of the Magistrate in the pre-trial stage and the distinction between cognizance and trial initiation.

Answer 1

The Correct Option is C

Under Section 190 of the Criminal Procedure Code, 1973, "taking cognizance" means when a Magistrate takes judicial notice of a crime based on a complaint or police report.
This action does not constitute the beginning of a trial but starts the process of judicial proceedings.

Answer 2

The term "taking cognizance" under the provisions of the Criminal Procedure Code, 1973, refers to the formal process by which a court or magistrate acknowledges that a case involving a criminal offense has been brought before it and that it will proceed to hear and decide the matter.

Taking cognizance means the court takes judicial notice of the facts and evidence presented in the complaint, police report, or otherwise, and recognizes its jurisdiction to try the case. This marks the official commencement of judicial proceedings in a criminal matter.

It is an important step because only after taking cognizance can a court summon the accused, conduct trials, and pass judgments.

Therefore, the correct meaning of "taking cognizance" is taking notice of the matter judicially.

Conclusion:
"Taking cognizance" signifies the court’s formal acceptance and judicial notice of a criminal case to initiate trial proceedings.