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:
image source: i.ytimg.com
ADVERTISEMENTS:
a. Murder -S. 302 IPC.
b. Dowry death – 304-B IPC.
c. Kidnapping-363 IPC.
ADVERTISEMENTS:
d. Unnatural offences – 377 IPC.
e. Theft – 379 IPC.
f. Rape-376 IPC.
g. Criminal Breach of Trust – 406 IPC. Etc.
ADVERTISEMENTS:
4. 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.)
5. Sec. 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.
6. The Police may arrest the accused, in cognizable offence without warrant.
7. 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:
a. Giving false evidence – S. 193 IPC.
b. Voluntarily causing hurt 323 IPC
c. Assault – 352 IPC
d. Cheating-417 IPC
e. Forgery – 465 IPC
f. Adultery-497 IPC
g. Defamation – 500 IPC etc.
4. Non-cognizable offences are not so much serious as cognizable offences. See above illustrations.
5. Sec. 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.
6. In non-cognizable offences, the police cannot arrest any person without warrant.
7. In non-cognizable offence, police has a duty to obtain permission first from the Magistrate and then investigates the case.