Under Section 190 CrPC, a Magistrate of the first class may take cognizance of any offence:
Aupon receiving a complaint, police report, or his own knowledge / information that an offence has been committed
Bonly upon a police report under Section 173 CrPC, no other source being permitted (cf. CrPC, Section 190)
Conly upon receiving an FIR registered under Section 154 of the CrPC (cf. CrPC, Section 190)
Donly on the directions of the State Government or the High Court concerned (cf. CrPC, Section 190)
Answer & Solution
Correct answer: A. upon receiving a complaint, police report, or his own knowledge / information that an offence has been committed
1. Section 190(1) CrPC: 'Any Magistrate of the first class, and any Magistrate of the second class specially empowered in this behalf under sub-section (2), may take cognizance of any offence — (a) upon receiving a complaint of facts which constitute such offence; (b) upon a police report of such facts; (c) upon information received from any person other than a police officer, or upon his own knowledge, that such offence has been committed.'
2. Three modes of cognizance: (a) on complaint; (b) on police report; (c) on own knowledge/information.
3. Cognizance is the application of judicial mind to the alleged commission of an offence — not mere receipt of papers.
4. R. R. Chari v. State of U.P., AIR 1951 SC 207 explained the concept.
5. Hence option B is correct.
_Source: Indian Penal Code 1860 / Code of Criminal Procedure 1973 / Indian Evidence Act 1872 (Bare Acts, indiacode.nic.in) — CrPC, Section 190_
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