The Meaning of Cognizable offence is given in section 2 (c)of Criminal Procedure Code whereas the non-cognizable offenses are given in section 2 (I) Criminal Procedure Code.

 

Non-cognizable offence are those offences in which police can arrest anyone without a warrant. If police get any information about cognizable offence then police immediately file an FIR and start investigating about the offence, if police found any evidence against the culprit or have any doubt on any person then police will arrest him without warrant cognizable offence are generally serious in nature which include murder, rape, dowry death etc. In this type of cognizable offence police don’t have to take permission from higher authority and FIR and Investigation is also not required. In cognizable offence police has a power to arrest any person in appreciation of doubt. They can arrest without filing FIR or warrant.

 

In non-cognizable offence police cannot arrest any person without a warrant. They have to take warrant from appropriate authority and after taking the authority then the police can arrest. Non-cognizable offence are less serious in nature like cheating, fraud, hurt etc. As soon as police know that any Non cognizable offence had taken place, then he will not file any FIR he write the matter in GR Diary and he arrest the offender and present him before the court.

People of state also have the power to complain about non cognizable offence. So,We can also complain about non cognizable offence directly to the Judicial Magistrate. After reading our complain and hearing from the evidence which we have presented before the court, if judicial magistrate feels that this is true, then Judicial magistrate can take cognizance of the offence and order opposite party to present before the court and if Judicial magistrate finds that there is requirement of investigation then he can order appropriate police station to investigate on the matter and present the charge sheet in the court as soon as possible. In non cognizable offence police cannot investigate without the permission of court, they cannot arrest without the permission of the court.

DIFFERENCE BETWEEN COGNIZABLE AND NON COGNIZABLE OFFENCE

Difference between cognizable and non cognizable

POWER TO INVESTIGATE NON COGNIZABLE OFFENCE

 

When a police officer receives about commission of non cognizable offence within the territory of his police or within the jurisdiction of his police station then police office will write the substance in a book which is maintained in a form notified by the appropriate government and the police office will concerned the Magistrate about commission of  such non cognizable offence or about the information which is received by the information. Subsection 2 to 155 of crpc puts a bar on the powers on the police officer to investigate non cognizable offence. It states that no police officer shall investigate the non cognizable offence without the order of the magistrate.

 

There is exception to the bar that when the police officer has a direction or order of the magistrate then the police officer exercise the power to investigate to non-cognizable offence. Subsection 3 to section 155 of crpc, states that a police officer investigated a non cognizable offence shall have the same power as that have a police officer investigating the non cognizable offence. Except that the police officer investigating the non cognizable offence shall not have power to arrest without warrant.

(Also read:- What is Warrant)

Types of cognizable offence and non-cognizable offence

Here are some cognizable offence example

Murder, Robbery, Theft, Rioting, Counterfeiting etc. are some examples of cognizable offences.

Here are some Non-cognizable offence examples which include Public Nuisance, Causing Simple Hurt, Assault, Mischief etc. The Police cannot register criminal cases or cause arrests with regard to non-cognizable offence. In all such cases, the Police have to take permission from a magistrate for registration of a criminal case.

Also Read:-

(What is summons)

(what is False Imprisonment)

Cognizance of offence

Cognizance of offence means to take consideration or to consider the matter by the magistrate. Now the matter is to the magistrate and magistrate take cognizance means

Magistrate take in cognizance which means magistrate taken in his custody the case and now whatever the police will anyone will do or have to do after the direction of the magistrate. So whatever the police did or whatever happened in the case whether by the complaint by the police report or sumo to it came in knowledge of the magistrate. Cognizance offence in simple words it means that magistrate will take matter to himself that will give the direction for such matter.

List of bailable and non bailable offence

AbetmentDepends on the offence
Criminal conspiracy to commit an offence punishable with deathDepends on the offence. E.g. for Punishment for murder, Non-bailable
Waging or attempting to wage war, or abetting the waging of war, against the Government of IndiaNon-bailable
Sedition.Non-bailable
Abetting mutiny or attempting to seduce a soldier, sailor or airmanNon-bailable
Wearing soldier’s garb, sailor, airmanBailable
Punishment for unlawful assemblyBailable
Owner or occupier of land on which unlawful assembly is heldBailable
Being hired to be part of unlawful assembly or riotBailable
Public servant disobeying direction under lawbailable
Public servant framing incorrect documentBailable
Absconding to avoid service of summonsNon bailable
Furnishing false informationBailable
False statement on oath to public servants

 

 

Bailable
Disobedience to order duly promulgated by public servantBailable
The threat of injury to public servantBailable
Giving false evidenceBailable
Threatening any person to give false evidence

 

 

Bailable
Giving false information respecting an offenceBailable
Fraudulently making false claim in courtBailable
Taking gift, to screen an offender from punishmentBailable
Escape from confinement or custody negligently suffered by public servantBailable
Intentionally insult or interruption to public servant sitting in judicial proceedingBailable
Counterfeiting Indian coinNon bailable
Import or export of counterfeiting Indian coinNon bailable
Fraudulently diminishing weight of coinNon bailable
Negligent act likely to spread infectious disease dangerous to lifeBailable
Adulteration for food or drink intended for saleBailable
Adulteration of drugNon bailable
Misconduct in public by drunken personBailable
Word, gesture or act intended to insult the modesty of a womanBailable
Criminal intimidationBailable
Punishment for DefamationBailable
Husband or relative of husband of a woman subjecting her to crueltyNon bailable
Enticing or taking away or detaining with criminal intentBailable
Marriage ceremony fraudulently gone through without lawful marriageBailable
Marrying again during lifetime of husband or wifeBailable
Marriage ceremony fraudulently gone through without lawful marriageBailable
Marrying again during lifetime of husband or wifeBailable
Possession of forged currency notes or banknotesBailable
Counterfeiting currency notes or banknotesNon bailable
Falsification of accountsBailable
ForgeryBailable

 

CONCLUSION:-

I have given my 100% in this article. i have tried each and everything to convey you about cognizable offence. if i have not mention then please let me know in the comment box, that will be really helpful for me. A cognizable offence is not so small topic its really a huge topic so it is very difficult to describe each and everything but i have tried my level best.

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