Justice Iqbal Ahmed Ansari Discusses Cognizance and its Different Perspectives at BW Legal World Dialogues

Justice Iqbal Ahmed Ansari, who has formerly been the Chief Justice of Patna High Court and is currently serving as the Chairman of Punjab Human Rights Commission graced the platform of BW Legal World Dialogues with India’s Young Legal Leaders and Influencers to Celebrate BW Legal World 40 Under 40 Winners. Introducing the topic, Justice Ansari said that he chose a very preliminary and fundamental question of law which in the court parlance is known as cognizance.

He said that there are two kinds of cognizance recognized under the CRPC. He also said that he will further touch upon the point on how many times the cognizance of a case can be taken. Is it only once because it is the decision of the Constitution Bench of the Supreme Court which says that the court takes cognizance only once.

Addressing the audience, Justice Ansari said that the decision of a court even if it is of the Supreme Court may be binding on the judicial side but as far as academics is concerned, it is open to analysis and if necessary, criticism.

Speaking in the context of cognizance, he said that there are two ways of cognizance. When a complaint is presented by a complainant to the magistrate, he cannot proceed to deal with the complaint without taking cognizance provided, the magistrate wants to deal with the complaint as a complaint case. He said that in such a case, the magistrate goes though the complaint case and finds out what offences are being disclosed by the complaint and if he decides to examine the complaint or complainant by recording their statements and that of the witnesses in such a case, cognizance is over.

Citing a judgement of the Supreme Court from six years ago, Justice Ansari said that in a particular case when the court applies its mind, cognizance is taken and therefore it can be sent to the police for investigation.

Elaborating on how the cases under the investigation are taken cognizance of, Justice Ansari said that whenever the FIR is lodged with the police, it investigates the case and after the investigation is over and the police find that the case is made out or not whatever may be the result, it comes in the form of a police report. He said that this police report could either be a charge sheet or a final report. Charge sheets mean that the police have found substantial materials against the accused whereas if its a final report it means that the police have found no evidence on the basis of which the case could be proceeded with. 

In case of a charge sheet, the court takes cognizance and decides to either issue a summon or warrant. This he says is cognizance. But in case the police submit a final report without material, then in such a case, the court is not debarred from applying its mind that there is a case against the accused. The court can go ahead with cognizance in such a case also, he said.

Justice Ansari said that in case of the police, the cognizance is taken only after the investigation is over and the situation is vice versa when the complainant approaches the magistrate.

Furthermore, he added that the magistrate can transfer the case to the police if he feels that the case requires investigation. Justice Iqbal elaborates that the magistrate can do so only in the case when cognizance has not been applied already which is called Pre-cognizance Stage.

Explaining the instances in which cognizance is barred under the law or sanctions are placed before the court could take cognizance, Justice Ansari said, it happens in cases like that of curfew.

Furthermore, Justice Iqbal discussed the instances of cognizance when an offence is committed by a public officer. Justice Iqbal also ran the viewers across a variety of sections in India’s judicial system and how the case of cognizance is dealt with in each case.

Concluding the session, Justice Iqbal urged the the law students to read judgements in entirety and try to understand them instead of reading just the headnotes alone.

Justice Ansari's advice to aspiring lawyers and judges

“Compassion is the most important quality for not only a judge but also a human being.” He urged that a judge must treat an accused as an innocent until the accused is proven guilty. It is the conduct of the judge in the court with the accused which determines how others behave with the accused.