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Cognizable and Non Cognizable offences

The document outlines the definitions and differences between cognizable and non-cognizable offences as per the Criminal Procedure Code 1973. Cognizable offences allow police to arrest without a warrant and start investigations without court permission, while non-cognizable offences require a warrant for arrest and court permission for investigation. Key examples of cognizable offences include serious crimes like murder and rape, whereas non-cognizable offences include lesser crimes like forgery and defamation.

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6 views

Cognizable and Non Cognizable offences

The document outlines the definitions and differences between cognizable and non-cognizable offences as per the Criminal Procedure Code 1973. Cognizable offences allow police to arrest without a warrant and start investigations without court permission, while non-cognizable offences require a warrant for arrest and court permission for investigation. Key examples of cognizable offences include serious crimes like murder and rape, whereas non-cognizable offences include lesser crimes like forgery and defamation.

Uploaded by

yadav.varsha267
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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B.

A VI th Semester Police Administration


Subject Law and Police administration

Criminal Procedure, Code 1973(Cr.P.C)


Cognizable and Non Cognizable Offence
Cognizable Offence Section 2(c) of Cr.P.C:

A cognizable offence is an offence in which the police officer as per the first
schedule or under any other law for the time being in force, can arrest the convict
without a warrant and can start an investigation without the permission of the
court. Cognizable offences are generally heinous or serious in nature such as
murder, rape, kidnapping, theft, dowry death etc. The first information report (FIR)
is registered only in cognizable crimes.

Under section 154 Criminal Procedure Code (CrPC), a police officer is bound to
register an FIR in case of a cognizable crime. He can also conduct some kind of
preliminary inquiry before registering the FIR. In these offences, a convict is
arrested and produced before the magistrate in the stipulated time. Owing to the
serious nature of the crime, courts approval is implicit in cognizable offences.

Non-Cognizable Offence Section 2(I):

A non-cognizable offence is the offence listed under the first schedule of the Indian
Penal Code and is bailable in nature. In case of a non-cognizable offence, the
police cannot arrest the accused without a warrant as well as cannot start an
investigation without the permission of the court. The crimes of forgery, cheating,
defamation, public nuisance, etc., fall in the category of non-cognizable crimes.

In this type of crimes, a criminal complaint is lodged with the metropolitan


magistrate who is supposed to order the concerned police station to initiate an
investigation. The police officer is supposed to file the charge sheet with the court
which is followed by a trial. After the trial, if the accused is found guilty, the court
passes the order to issue the warrant to arrest the accused.

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Difference between Cognizable and Non Cognizable Offence

Serial Cognizable Offences Non Cognizable Offences


Number
1. It is the offence in which a police It is the offence in which a police
officer can arrest the convict officer cannot arrest a person
without the warrant. without the warrant.
2. The police can start a preliminary The police officer cannot start the
investigation without the investigation without the
permission of the court or without permission of the court.
registering the FIR.
3. These are heinous crimes like These crimes are not so serious
murder, rape, dowry death etc. like forgery, cheating, defamation
etc.
4. The victim can file an FIR or The victim can only make a
make a complaint to the complaint to the magistrate.
magistrate.
5. It is defined in the Section 2(c) of It is defined in Section 2(I) of
the Criminal Procedure Code, Criminal Procedure Code 1973.
1973.
6. The police officer is bound to The police officer is not bound to
register the FIR even without the register the FIR or cannot register
permission of Magistrate. the FIR without prior permission
of the magistrate.
7. It is a non-bailable offence. It is a bailable offence.

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