Section 190(1) indicates the methods by which a Magistrate may take cognizance of an offence.
“190. Cognizance of Offences by Magistrates (1) Subject to the provisions of this Chapter, any Magistrate of the first class, and any Magistrate of the second class specially empowered in this behalf under sub-section (2), may take cognizance of any offence-
(a) Upon receiving a complaint of facts which constitute such offence;
(b) Upon a police report of such facts;
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(c) Upon information received from any person other than a police officer, or upon his own knowledge, that such offence has been committed.
(2) The Chief Judicial Magistrate may empower any Magistrate of the second class to take cognizance under sub-section (1) of such offences as are within his competence to inquire into or try.”
Cognizance of an offence is taken by a Magistrate (a) when he receives a complaint, or (b) when a Police Officer lays a charge-sheet, or (c) when information is received by the Magistrate from any person other than a Police Officer or upon his own knowledge that an offence has been committed.
The first category relates to private complaints laid by private individuals or officers other than Police Officers, such as Food Inspector, or Income Tax Authority, Railway Protection Force, Municipal Special Officer, etc. The second category obviously covers charge- sheets laid by Police Officers.
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The third category relates to information whereas the first category refers to complaint. The third category is of very wide amplitude and covers a variety of situations when a Magistrate may take cognizance of an offence upon his own personal knowledge or upon information received from some source other than a private complaint or a police charge-sheet.
For example Section 319 deals with a case where the evidence in the course of the inquiry or trial before a Magistrate discloses that some person who was not originally mentioned in the complaint or the charge-sheet as the accused had committed the offence.
The Court may take action against such other person also. Such a situation can properly be brought under Section 190(1) (c).
Taking cognizance means the application of the judicial mind by the’ Magistrate to the facts brought to his notice with the object of taking proceedings under the Code. It is a mental process which involves the assimilation of the facts alleged in the charge-sheet or information regarding the commission of an offence, and the decision made by the Magistrate to exercise his Ministerial powers to take action as prescribed by the Code.
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For example if a Magistrate who receives a private complaint proceeds to record the sworn statement of a complaint or if the Magistrate who receives a police charge-sheet issues summons to the accused person, he can be said to have taken cognizance of the offence. But, if a Magistrate who receives a private complaint does not record the sworn statement of the complainant but merely forwards it to the concerned S.H.O. for investigation and report under Section 156(3), he cannot be said to have taken cognizance of the offence.
If after receipt of the report from the S.H.O. to whom the complaint was forwarded under Section 156(3), the Magistrate issues summons to the accused or makes up his mind to record the sworn statement of the complainanant, he can then be said to have taken cognizance.