Published On: Sat, Sep 30th, 2017

Cognizable and Non Cognizable Offences

Under the Criminal Procedure Code, offences can be classified on the basis of the following three criterions;

  • Cognizable and Non Cognizable offences
  • Bailable and Non-bailable offences
  • Offences which will invoke a summons case and Offences which will invoke a warrants case

 

Legal opinion

Cognizable offence:

  1. Meaning: Cognizable = able to be apprehended.
  2. Definition: S.2. (c) (Cr.P.C.) “Cognizable offence” means an offence for which, and “cognizable case” means, a case in which, a police officer may, in accordance with the First Schedule or under any other law for the time bell in force, arrest without warrant.
  3. Illustrations of Cognizable offences:
  4. Murder -S. 302 IPC.
  5. Dowry death – 304-B IPC.
  6. Kidnapping-363 IPC.
  7. Unnatural offences – 377 IPC.
  8. Theft – 379 IPC.
  9. Rape-376 IPC.
  10. Criminal Breach of Trust – 406 IPC. Etc.
  11. Cognizable offences are usually serious in nature. See above illustrations. (For full details the student is advised to see First Schedule of Cr.P.C.)
  12. 154 Cr.P.C. provides that the Police Officer has to receive FIR relating to cognizable offences without Magistrate’s permission, and enters it in General Diary and immediately starts investigation.
  13. The Police may arrest the accused, in cognizable offence without warrant.
  14. In cognizable offences, police has a duty to investigate the case without seeking permission from the Magistrate.

 

Non-Cognizable offence:

  1. Meaning: Non-Cognizable = not able to be apprehended.
  2. Definition: S.2.(1) (Cr.P.C.) “Non-Cognizable offence” means an offence for which and “Non-Cognizable Case” means a case in which, a police officer has no authority to arrest without warrant.
  3. Illustrations of Non-Cognizable offence:
  4. Giving false evidence – S. 193 IPC.
  5. Voluntarily causing hurt 323 IPC
  6. Assault – 352 IPC
  7. Cheating-417 IPC
  8. Forgery – 465 IPC
  9. Adultery-497 IPC
  10. Defamation – 500 IPC etc.
  11. Non-cognizable offences are not so much serious as cognizable offences. See above illustrations.
  12. 155 Cr.P.C. provides that the police officer is not competent to receive and record FIR pertaining to the offence of non-cognizable offences, unless he obtains permission from the Magistrate.
  13. In non-cognizable offences, the police cannot arrest any person without warrant.
  14. In non-cognizable offence, police has a duty to obtain permission first from the Magistrate and then investigates the case.

 

 

 

Cognizable and non-cognizable offences Cognizable offences have been defined in Criminal Procedure Code as follows;

Cognizable Offence

  • cognizable offence means an offence for which, and `cognizable case’ means a case in which, a police officer may, in accordance with the First Schedule or under any other law for the time being in force, arrest without warrant.
  • Cognizable offenses are those offenses which are serious in nature. Example- Murder, Rape, Dowry Death, Kidnapping, Theft, Criminal Breach of Trust, Unnatural Offenses.
  • Section 154 of CrPc provides, that under a Cognizable offense or case, The Police Officer has to receive the First Information Report (FIR) relating to the cognizable offense, which can be without the Magistrate’s permission and enter it in the General Diary and immediately start the investigation.
  • If a Cognizable offense has been committed, a Police Officer can investigate without the Magistrate’s permission.

Non Cognizable offence

  • A non-cognizable offence has been defined in Criminal Procedure Code as follows, “`non-cognizable offence’ means an offence for which, and `non-cognizable case’ means a case in which, a police officer has no authority to arrest without warrant”.
  • Non-Cognizable offenses are those which are not much serious in nature. Example- Assault, Cheating, Forgery, Defamation.
  • Section 155 of CrPc provides that in a non-cognizable offense or case, the police officer cannot receive or record the FIR unless he obtains prior permission from the Magistrate.
  • Under a Non-Cognizable offense/case, in order to start the investigation, it is important for the police officer to obtain the permission from the Magistrate.

 

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