All India Bar Examination (AIBE) 2-II Previous Year Question Papers with Answers

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36.

Taking cognizance of an offence under the Code of Criminal Procedure, 1973 means :

A: Issue of warrants.
B: Taking judicial notice of an offence.
C: Declaring an event to be cognizable or non-cognisable offence.
D: Allowing a police office to arrest without warrant in a non-cognisable offence.
E: Making an arrest without warrant.

The answer is: B

Explanation

The correct option is:

B: Taking judicial notice of an offence.

Explanation :

Taking cognizance of an offence under the Code of Criminal Procedure, 1973 means that a judicial authority or a magistrate becomes aware of the alleged commission of a crime and decides to initiate legal proceedings. It involves the magistrate applying their judicial mind to the facts and materials before them to determine whether there is enough evidence to proceed with a trial. This is typically done based on a police report (First Information Report or FIR) or a complaint filed by the victim or a third party.

Let's briefly explain the other options:

A: Issue of warrants - Issuing warrants is a subsequent step that may follow after taking cognizance, but it is not the same as taking cognizance itself.

C: Declaring an event to be cognizable or non-cognizable offence - This is related to classifying offenses as cognizable or non-cognizable, but it is not the same as taking cognizance.

D: Allowing a police officer to arrest without a warrant in a non-cognizable offense - This is related to the powers of the police to make arrests in different types of offenses, but it is not the same as taking cognizance.

E: Making an arrest without a warrant - This is a separate action taken by the police based on the nature of the offense, but it is not the same as taking cognizance, which is a decision made by a judicial authority or magistrate.