Cognizance, Complaint & Charge — KSLU Bnss Notes

Cognizance, Complaint & Charge

Cognizance is the first judicial application of mind by a Magistrate to the facts of an alleged offence. Under S.210 a Magistrate may take cognizance (a) on a complaint, (b) on a police report, or (c) on information from a person other than the police or on his own knowledge. A complaint (S.2(h)) is an allegation made to a Magistrate, other than a police report, with a view to action.

A charge is the precise formulation of the accusation the accused must answer; it crystallises the case so the accused can prepare a defence. The general rule is one charge for one offence, separately tried (S.243) — but the Code permits joinder in defined situations:

flowchart TD
    A["Joinder of CHARGES / persons"]:::root
    A --> B["3 offences of the SAME KIND<br/>within 12 months (S.242)"]:::leaf
    A --> C["Offences in ONE TRANSACTION (S.244)"]:::leaf
    A --> D["Doubt as to WHICH offence -<br/>charge in the alternative (S.246)"]:::leaf
    A --> E["Persons in the SAME TRANSACTION<br/>jointly tried (S.246)"]:::leaf

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    classDef leaf fill:#E6F3FF,stroke:#1E3A8A,color:#000;
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An error or omission in the charge is not material unless it has occasioned a failure of justice — but the accused must always be made aware of the case he has to meet, and an alteration of the charge must be explained to him.