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Cognizance of Offences by Criminal Courts Practice and Procedure

Cognizance of Offences by Criminal Courts Practice and Procedure

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Description
In the present era of development when there has been sharp increase of offences, the term "Cognizance" assumes significance. To control such offences, the criminal courts exercise their power by taking cognizance thereof. There has been considerable growth of case law in the area of Magistrate's and Sessions Court's power to take cognizance. Thus, it has become necessary to analyse the case law and to provide a clear idea of that. The present edition is an effort in that direction.
This edition takes note of new developments such as locus standi of an individual in a private complaint in corruption cases under the Prevention of Corruption Act as well as sanction thereof; status of Special Court under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Act, 1989); its power to take cognizance upon committal; cognizance taken without committal and consequences thereof; cognizance in complaint cases; hearing of complainant when cognizance not taken; hearing of the accused in a revision against the order of dismissal; Committing Magistrate's power to summon additional accused in the Sessions trial cases; summoning of additional accused under section 319 of Cr.P.C by the Magistrate as well as by the Sessions court; scope of the term "court" and the words "in relation to" used in section 195 of Cr.P.C.; locus standi of the complainant; nature of proceedings in bail matters; holding of preliminary inquiry, right of transferee court to file a complaint; right of hearing of the contemnors etc.; exercise of power under section 156(3) of Cr.P.C in a complaint case; exercise of power under section 340 of Cr.P.C; registration of an FIR and the incidental questions arising in respect thereof.
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Contents
I.    Introduction
II.   Cofgnizance : Its meaning and essentials
III.  Cognizance in cases on Police Report
IV.   Cognizance in complaint cases
V.    Cognizance in case upon information received/own knowledge
VI.   Bar to take cognizance
VII.  Registration of FIR
VIII. Conclusion
Appendix : The Code of Criminal Procedure, 1973 (Relevant Provisions)
Subject Index
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