Bharatiya Nagarik Suraksha Sanhita, 2023, Section 223 -- Complaint - Complainant will be examined on oath and his witnesses will be examined - Notice will be issued to accused at that stage and after hearing accused, cognizance will be taken...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 223(1)Proviso -- Complaint - Notice to accused - Complaint, sworn statement, statement of witnesses, if any, shall be appended with the notice, for the accused to appear and submit his case before taking cognizance...........
Criminal Procedure Code, 1973, Section 173 -- Final report - Whenever, a Final Report is filed by police, Court has to issue a notice to the informant asking for an objection - If the objection is filed, then Court has to examine witnesses u/s 200 Cr.P.C. - Thereafter, Court has the liberty to take cognizance of the offences which are prima facie available in the said..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - S.142 of the Act does not contemplate a report to police nor authorize Court taking cognizance to direct police to investigate into complaint...........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Cognizance of offence - S.142(1)(a) of the Act mandates that cognizance of offence punishable u/s 138 of the Act can only be taken upon the complaint in writing...........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x) -- Offence u/s 3(1)(x) of the Act - Caste based remarks were not made by accused in public place - Thus, without such preliminary evidence, offence u/s 3(1)(x) of the Act is not substantiated - Order taking cognizance quashed...........
Criminal Procedure Code, 1973, Section 164 -- Statement of victim recorded u/s 164 Cr.P.C - Magistrate/Courts should not issue certified copies of statement recorded u/s 164 Cr.P.C. to any person till cognizance is taken on the charge-sheet/police report - Even lower Courts are issuing certified copies of statement recorded u/s 164 Cr.P.C. (Now S.183 BNSS) which is legally..........
Criminal Procedure Code, 1973, Section 319, Prevention of Corruption Act, 1988, Section 7, 11, 13, 15, 19 -- Summoning of additional accused - Offence committed by public servant u/ss 7, 11, 13 & 15 of P.C. Act - Courts cannot take cognizance against any pubic servant for offences committed u/ss 7, 11, 13 & 15 of Prevention of Corruption Act, even on an application u/s 319..........
Protection of Women From Domestic Violence Act, 2005, Section 13 -- Notice - Notice u/s 13 of PWDV Act is not akin for taking cognizance of an offence or issuance of process by jurisdictional Magistrate...........
Criminal Procedure Code, 1973, Section 200 -- Cognizance of offence - Magistrate directing investigation u/s 156(3) Cr.P.C. - He cannot be said to have taken cognizance - It is only when Magistrate after applying his mind prefers to follow the procedure under Chapter XV of Cr.P.C. by resorting to S.200 Cr.P.C. he can be said to have taken cognizance of the offence...........
