450 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
Section 188
The answer is yes. Provided
That he is a Native Indian Subject of the H. M.
That he is a British Subject and has committed an offence in the territories of any Native Prince or Chief in India.
That he is a servant of H. M. (whether he is British Subject or not) and the offence is committed in the territories of any Native Prince or Chief in India.
That such offender is found in British India.
N. B. — S. 188 confers jurisdiction to try offences committed in foreign territory, but not on High Seas.
19 Bom. L. R. 527.
What is of which cognizance is taken ?
What the Court takes cognizance of is the offence, and not the fact that a particular person is alleged to have committed that offence.
Reasons
(1) When, during the course of proceedings which a Court has commenced by cognizance properly taken, it appears that a person or persons other than that or those alleged or appearing to be offenders when cognizance was taken also is or are offenders, then the Court can issue process against these new accused, and can deal with them just as it can issue process against and deal with the person or persons originally mentioned. (2) In fact, a Court can take cognizance even when the offender is absolutely unknown and can then issue process as soon as inquiry or investigation shows there is evidence justifying the placing of some person upon his trial.
(3) Again, if a magistrate receives on transfer a case of which he could not have taken cognizance on his own authority, he can issue process against all whom the evidence at any stage shows to have probably been concerned as offenders.
Bars to cognizance
- Section 337—approver.