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Showing posts with label cognizance of offence. Show all posts
Showing posts with label cognizance of offence. Show all posts
Saturday, 30 May 2026

Beyond the Charge Sheet: Why Wildlife Offences Need Statutory Complaints, Not Police Reports

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Explainer on this judgment  Elvish Yadav Vs. State of U.P. and Ors. Hon'ble Judges/Coram: M.M. Sundresh and N. Kotiswar Singh, JJ. Citat...

Supreme Court: Snake venom or anti-bodies to snake venom will not come within the definition of a psychotropic substanceU/S 2(xxiii) of the NDPS Act

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  From a bare reading of the aforesaid provision, the definition of a psychotropic substance Under Section 2(xxiii) of the NDPS Act has a cl...
Tuesday, 26 May 2026

Supreme Court: BNSS S.223(1) Proviso Mandatory; Cognizance Without Hearing Accused is Void Ab Initio

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As already discussed, though the complaint under the PMLA was filed earlier, the cognizance was only taken subsequently, on 02.07.2024, by w...
Sunday, 29 March 2026

Whether notification can create the power of direct cognizance where the parent statute itself did not expressly confer one?

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 The statement means that a notification issued by the government cannot create a new legal power unless the Act itself has already granted...

Delay, Denial, and Direct Cognizance: Why the Bombay High Court Quashed the Prosecution in C.B. Healthcare v. Union of India

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  The Bombay High Court’s decision in Ms. C.B. Healthcare and Ors. v. Union of India is a significant reminder that prosecutions under the ...
Monday, 9 February 2026

Important provisions of BNSS regarding information to police, investigation U/S 175 of BNSS, and cognizance of offence by Magistrate

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  173. Information in cognizable cases .—(1) Every information relating to the commission of a cognizable offence, irrespective of the area ...
Saturday, 4 October 2025

Supreme Court: Trial Court Cannot Take Cognizance Of Offence Not Mentioned In Chargesheet Only Based On Private Witness's Affidavit

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 After giving due consideration to the issue at hand, we find that the impugned order needs interference. The Court at the outset, would mak...
Saturday, 26 July 2025

Supreme court: Complaint U/S 138 of NI Act can Be Amended Even After Cognizance Is Taken

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 The issue, whether a criminal court has power to order amendment of a complaint filed under Section 200 of the Cr.P.C., is no longer res in...
Saturday, 19 July 2025

Talengana HC: Whether Magistrate can take cognizance of the offence punishable under Pocso Act?

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 As the statutory positions in the Cr.P.C. and the POCSO Act are not mutually exclusive, it shall be construed that the Special Court in the...
Friday, 20 June 2025

Supreme Court: PMLA Accused Entitled To Hearing Before Cognizance Is Taken Of ED Complaint Filed After BNSS Came Into Effect

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This Court has taken a consistent view that a complaint filed by the Enforcement Directorate under Section 44 (1)(b) of the PMLA will be gov...
Sunday, 8 June 2025

Kerala HC: Special courts shall not order an investigation U/S 156(3) CrPC against public servant in absence of prior sanction under Section 19 of PC Act.

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  Section 19(1) of the PC Act says that no court shall take cognizance of an offence punishable under sections 7, 11, 13 and 15 alleged to h...
Sunday, 5 January 2025

Important provisions of Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013

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[Act 14 of 2013 as amended up to Act 23 of 2016 and updated as of 30th April 2024] An Act to provide protection against sexual harassment of...
Sunday, 16 June 2024

Supreme Court: Cognizance of offence Against Public Servant under S 4 of SC & ST (Atrocities Act) For Offence Of Neglect Of Duty Cannot Be Taken Without Administrative Enquiry Report

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 The argument of the learned Counsel for the complainant is that the word "charges" occurring in proviso to  Section 4(2) of the S...
Wednesday, 12 June 2024

Summons in a criminal case to face trial cannot be issued against positions or posts as a post is not a juridical person

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 Having heard the submissions made at the Bar and after going through the materials in the record, it is pertinent to mention here that by n...
Sunday, 2 June 2024

Supreme Court: If Magistrate is taking cognizance of offence based on protest petition filed with additional material, it is to be tried as private complaint case

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 Shri Vinod Prasad, learned Senior Counsel appearing for the Appellant submitted that the CJM as also the High Court fell in error in taking...
Monday, 13 May 2024

Whether the appellate or revisional court should reverse any finding on account of any irregularity in sanction for prosecution if accused has not raised objection in that respect in the trial court?

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 Sub-section (4) of Section 19 of the PC Act is also important in this context inasmuch as the time lapse in challenging an error, omission ...
Wednesday, 1 May 2024

Whether the Pocso court must record reasons if he could not record evidence of child within thirty days of taking cognizance of offence?

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Even otherwise, Section 35 of the POCSO Act allows the Special Court taking cognizance of the offence to record evidence of the  child after...
Tuesday, 18 July 2023

Whether Magistrate should examine approver if special court has directly taken cognizance of an offence under the Special Act?

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  But in cases where a Special Court itself is competent to take cognizance and also empowered to grant pardon, the procedure Under Section ...

Whether the Magistrate can take cognizance of the offence triable by the Special Court?

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  S ub-se ction (1) of Section 5, while empowering a Special Judge to take cognizance of offence without the Accused being committed to him ...
Monday, 24 October 2022

Whether the court can cognizance of an offence for dishonour of cheque even if original power of attorney is not filed alongwith complaint?

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   From the aforesaid analysis of law on the subject, it is clear that in a case where the complainant is a company, an authorized employee ...