Cognizance of Offences by Magistrate

Explanation

Section 190 is the judicial trigger — the formal act by which a Magistrate applies their judicial mind to a case and decides to proceed. 'Taking cognizance' means more than just receiving a complaint or chargesheet — it requires the Magistrate to apply their mind to the facts and decide that there is sufficient ground to proceed. Cognizance can be taken through three routes: (a) on complaint — a private person's complaint to the Magistrate (used when police have not acted); (b) on police report — on the chargesheet filed by police after investigation; (c) suo motu — on information received from any source other than police (newspaper reports, representations, etc.). The distinction between Section 190 cognizance on complaint and Section 156(3) direction to police to investigate is crucial: Section 156(3) is a pre-cognizance power — the Magistrate directs police to investigate before applying their judicial mind; Section 190 is post-investigation cognizance. Once cognizance is taken on a chargesheet, the case formally enters the judicial phase — the accused can be summoned, the case is listed for trial, and bail applications are heard.