Cognizable and Non Cognizable Offence


Posted On : December 24, 2022
Cognizable and Non Cognizable Offence
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When can a police officer arrest any person? Is it their own sweet will to decide whether to arrest a person or conduct search in private homes? NO!!

 

The process followed by the authorities in criminal matters has been provided in detail in the Code of Criminal Procedure (CrPC), 1973. The provisions in Indian Penal Code (IPC) specify what constitutes an offence and its corresponding punishment. The CrPC classifies offences as per gravity of the act committed, and thus, the procedure to be followed. 

 

The difference between criminal law and civil law is that in civil matters, parties usually have to bring the relevant evidence on their own to prove their case unless court’s interference is required. In criminal matters, especially the serious offences, it comes over the state authorities as a duty to investigate, collect evidence, bring the same in the knowledge of the court and proceed through prosecution lawyer. Since Police officials have to collect the relevant evidence before the same is tempered or perished, keeping such places beyond the reach of the accused becomes necessary. But not every crime gives the right to Police officials to start investigating and arrest anyone they deem to be related to the offence. Some offences are regarded as cognizable and the others are non-cognizable. Clarification on difference of the two terms has been attempted in the blog below.

 

What are Cognizable Offences?

Cognizance can be understood as application of mind. When facts of the matter itself depict commitment of a serious offence, which has a deterring effect on the society, such matters are serious. The list of cognizable offence contains such acts which are serious in nature and are punishable with either death penalty, life imprisonent, or imprisonment with a term not less than 3 years.

 

Cognizable offence examples include dacoity, murder, rape, etc. Reading such words runs a chill through the spine for an ordinary person. In such cases, information to the Police officers is enough to activate the criminal justice system. The Police are bound to register a First Information Report (FIR) under section 154 of the Criminal Procedure Code, 1973.

 

When a cognizable offence is reported to the Police, they do not need Magistrate’s or court’s permission to proceed. The matter is recorded in the general diary of the police station and investigation may be initiated right away, without any warrant. In such cases, it is not Police officials’ right but duty as per CrPC to start investigating on the matter. Even if the matter is grave in nature and a complaint in CBI is required, still it is initiated through local Police.

 

Find out How to file a police complaint?

 

What are Non-Cognizable Offences?

Not every criminal offence is apprehending and serious in nature. For example, when you are dealing with someone in business, while the other side was not actually a business organisation  but a fake group of offenders looting people under the garb of such business. If you are cheated in the course of such business transactions, it is a matter of breach of trust, financial loss, etc. Hence, it is a private crime against the victim. The punishment for this act will be less as compared to a dacoity whereby someone’s life was at stake.

In such cases, Police officials are not authorised to initiate investigation and arrest the person against whom the victim complains of cheating, unless the permission is granted by concerned Magistrate.

If someone initiates through an FIR in non cognizable offence, the Police can reject the request and may direct the complainant to approach the Magistrate. In such cases, criminal lawyers should be approached to understand the process followed. Police initiating investigation on its own for an offence which is non cognizable is against the law.

 

How to Distinguish Between Cognizable and Non-Cognizable Offences?

Understanding the difference between various categories of offences is important. If you are an ordinary person who witnessed a crime, the knowledge will lead the way to complaint to the appropriate authorities. If you are a law student, it will help understand the various concepts of criminal laws in India. However, if you are a criminal lawyer in Kolkata or any other Indian city, who just started with litigation, knowing such concepts is paramount. The table below gives a glimpse of theoretical and procedural differences between offences whose cognizance is authorised to police and otherwise.

 

Difference Between Cognizable and Non-Cognizable Offence

Particulars

Cognizable Offence

Non-Cognizable Offence

Definition

As per section 2(c) of Code of Criminal Procedure, 1973, “cognizable offence” means an offence for which a Police officer may arrest without warrant in accordance with the First Schedule or under any other law for the time being in force

As per section 2 (l) of CrPC, “non-cognizable offence” means an offence for which, a Police officer has no authority to arrest without warrant

Meaning

Offences which are serious in nature, whereby Police are authorised to initiate investigation and make arrests without a judicial warrant

Non-cognizable offences are criminal offences against private persons, whereby arrests can be made by the Police only after the warrant is issued by concerned courts/ Magistrates

Nature of Offence

Cognizable offences are serious in nature

Non-Cognizable offences are criminal in nature but comparatively less serious than cognizable offence examples

Initiation

Cognizable offences are wrongs against the state, against the public at large. Hence, prosecution is taken care of by the state, i.e. the government

These are private offences against another person. That is why prosecution in such crimes has to be initiated by the victims themselves

Punishments under IPC

Offences punishable by death penalty, life imprisonment or imprisonment for a term more than 3 years

Non-cognizable offences are those punishable with imprisonment of a term less than 3 years.

Warrant

Not necessary for Police before conducting search or arrests.

Warrant issued by Magistrate is required by the Police before proceeding for arrest or search of any premises

Court’s Approval

Police does not require an approval from court for the purpose of commencing investigation

In order to start investigating on a matter, Police requires prior approval from court of appropriate jurisdiction

Information

Cognizable offences can be reported directly to the police in the form of FIR. If Police refuse to register an FIR, complaint can be lodged with the Magistrate as well

Police officials are not legally bound to register a complaint for non-cognizable offences. Hence, a criminal complaint has to be registered with the Magistrate

Examples

Cognizable offence examples include rape, murder, theft, etc.

Examples of non-cognizable offences include forgery, cheating, defamation, etc.

 

List of Cognizable and Non Cognizable Offence

The first schedule to Criminal Procedure Code, 1973 contains classification of offences based on their nature and procedure to be followed. The schedule categorises and specifies the offences based on their sections, punishment, which court can take the cognizance, whether it is bailable or non-bailable, and non-cognizable or cognizable.

Click here to access the cognizable and non cognizable offence section and other details as contained in the.

Written By:
Vidhikarya

Vidhikarya


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