Issues that can be raised before cognizance of the case in PC Act

[Dr. Ashok Dhamija]

If the cognizance is yet to be taken by the court, then in all probability, you might not have been summoned by the court so far. You can wait for the summoning order and if cognizance is taken, you can apply for discharge if you feel that there is no prima facie case.

Usually, statement of accused person is recorded by the police during investigation, wherein he can explain the circumstances, including his innocence. However, this statement of the accused is not produced before the court. There is no other requirement of calling for any specific explanation from the accused by the investigating officer. You will get plenty of opportunity of explaining the case before the court after it takes cognizance.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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