Cognizable offence
A complaint of a cognizable offence- A complaint of a cognizable offence recorded by a Magistrate and sent by him to the police for investigation and report is sufficient information justifying arrest under section 54 of the Code. Similarly, information that a warrant of arrest has been issued against a person in respect of a cognizable offence, may justify action being taken under the said section. Where, from a report of a Chowkider that certain persons were dacoits the police officer called them to surrender, but the latter resisted and fired shots at the officer, the latter was justified in arresting those persons. ..... Ministry of Law, Justice & Parl. Afrs. VS= BLAST, [3 LM (AD) 274]
Cognizable offence:- Reasonable complaint or suspicion must depend upon the circumstances of each particular case- Where a police officer suspecting that certain pieces of cloth which a man was carrying early morning, was stolen property, went to him and questioned him and having received unsatisfactory answers, arrested him, he was entitled to arrest him because reasonable suspicion exists of his being concerned of a cognizable offence. Where a person was found armed lurking at midnight in a village inhabited by persons well known to the police as professional dacoits, there was a reasonable suspicion against the person of his being concerned in a cognizable offence. But this does not mean that the police are limited only by their own discretion as to what persons they may arrest without warrant. Their powers in this respect are strictly defined by the Code. In order to act under the first clause, there must be a reasonable complaint or reasonable suspicion of the person to be arrested having been concerned in a cognizable offence. What is a 'reasonable' complaint or suspicion must depend upon the circumstances of each particular case; but it should be at least founded on some definite fact tending to throw suspicion on the person arrested, and not on a mere vague surmise. Ministry of Law, Justice & Parl. Afrs. =VS= BLAST, [3 LM (AD) 274]
Cognizance of offence: Cognizance of offence by a courts of session- The Indian provision is a bit different from ours. The Indian provision reads as under:
"Cognizance of offence by a courts of session -Except as otherwise expressly provided by this court or by any other law for the time being enforce, no court of session shall take cognizance of any offence as a court of original jurisdiction unless the case has been committed to it by a magistrate under this court".. Mufti Abdul Hannan Munshi =VS= The State, [3 LM (AD) 566]
Cognizable offence:–– A complaint of a cognizable offence–– A complaint of a cognizable offence recorded by a Magistrate and sent by him to the police for investigation and report is sufficient information justifying arrest under section 54 of the Code. Similarly, information that a warrant of arrest has been issued against a person in respect of a cognizable offence, may justify action being taken under the said section. Where, from a report of a Chowkider that certain persons were dacoits the police officer called them to surrender, but the latter resisted and fired shots at the officer, the latter was justified in arresting those persons. .....Ministry of Law, Justice & Parl. Afrs. =VS= BLAST, [3 LM (AD) 274] Cognizable offence:–– Reasonable complaint or suspicion must depend upon the circumstances of each particular case–– Where a police officer suspecting that certain pieces of cloth which a man was carrying early morning, was stolen property, went to him and questioned him and having received unsatisfactory answers, arrested him, he was entitled to arrest him because reasonable suspicion exists of his being concerned of a cognizable offence. Where a person was found armed lurking at midnight in a village inhabited by persons well known to the police as professional dacoits, there was a reasonable suspicion against the person of his being concerned in a cognizable offence. But this does not mean that the police are limited only by their own discretion as to what persons they may arrest without warrant. Their powers in this respect are strictly defined by the Code. In order to act under the first clause, there must be a reasonable complaint or reasonable suspicion of the person to be arrested having been concerned in a cognizable offence. What is a ‘reasonable’ complaint or suspicion must depend upon the circumstances of each particular case; but it should be at least founded on some definite fact tending to throw suspicion on the person arrested, and not on a mere vague surmise. .....Ministry of Law, Justice & Parl. Afrs. =VS= BLAST, [3 LM (AD) 274] Cognizance of offence:–– Cognizance of offence by a courts of session–– The Indian provision is a bit different from ours. The Indian provision reads as under: “Cognizance of offence by a courts of session –Except as otherwise expressly provided by this court or by any other law for the time being enforce, no court of session shall take cognizance of any offence as a court of original jurisdiction unless the case has been committed to it by a magistrate under this court”. .....Mufti Abdul Hannan Munshi =VS= The State, [3 LM (AD) 566]
