Vol. 5, Issue 2 (2019)
Limitation on taking cognizance
Author(s): Saurabh Kumar
Abstract: In the area of Criminal law and criminal jurisprudence, the most important thing is to define Crime or Criminal offences and another most important thing, if we consider is nothing but taking of cognizance. Criminal offences are such offences which are defined as an offence under Indian Penal Code or any other Criminal law. Criminal offences are different from the other offence as this is against the society at large, where other offences may be against private individual. For every offence, there is prescribed punishment by the code itself. Once the offence and punishment are defined by the code, the second issue comes that how it would be implemented? What is the machinery for the implementation, and here, Criminal procedure code comes into picture. As we said, taking of cognizance is one of the important aspect of Criminal law, so it becomes very important to understand about the taking of cognizance and also their limitations. The term cognizance has not been defined under the criminal law; it is refer to the incident when the judicial notice is taken on the suspected commission of the offence. As per Black’s law dictionary cognizance means, judicial notice, or knowledge upon which a judge is bound to act without having it proved in evidence. There are certain limitations on taking cognizance, which is discussed in detail in this further reading.