Correct option is D
The correct answer is (d) Not defined.
Explanation:
Not Defined: The term 'Cognizance' is not specifically defined in the Code of Criminal Procedure (Cr.P.C.), 1973. While the Code uses the term frequently, it does not provide a precise definition within its Sections.
Information Booster:
Understanding Cognizance: In legal terms, 'cognizance' refers to the judicial acknowledgment that an offense has been committed, leading to the initiation of legal proceedings.
Judicial Interpretation: Courts have interpreted 'cognizance' to mean the point at which a magistrate or judge becomes aware of an offense and decides to take action, usually by issuing a summons or warrant.
Section 190, Cr.P.C., 1973: While not defining 'cognizance,' this Section describes the circumstances under which a magistrate can take cognizance of an offense, such as upon receiving a complaint, a police report, or other relevant information.
Section 200, Cr.P.C., 1973: This relates to the examination of a complainant and witnesses upon receiving a complaint but does not define 'cognizance.'
Section 2(C), Cr.P.C., 1973: Defines 'cognizable offense,' which is an offense for which a police officer can arrest without a warrant, but it does not define 'cognizance.'
Legal Proceedings: The concept of taking cognizance is crucial as it marks the commencement of judicial proceedings and the Court's jurisdiction over a case.
Additional Information:
Cognizable Offense (Section 2(C)): Refers to offenses where police have the authority to arrest without a warrant and start an investigation with or without the permission of a magistrate.
Section 190, Cr.P.C.: Outlines the conditions under which a magistrate may take cognizance of an offense, such as based on a complaint or police report.
Section 200, Cr.P.C.: Involves the preliminary examination of a complainant and witnesses upon receiving a complaint to decide whether there is sufficient ground to proceed.