Cognizable Offences Vs Non-Cognizable Offences

An offense is a prohibited act or crime that can be reported to the police, a court, etc., and is subject to punishment. There are two types of offenses: cognizable offenses and non-cognizable offenses. Let's examine the differences between cognizable and non-cognizable offenses.

What is Cognizable Offence?

A cognizable offense is one for which a police officer may arrest the defendant without a warrant and launch an inquiry without the magistrate’s prior approval under the first schedule or any other law currently in effect.

Example

The majority of crimes that are considered to be "cognizable" are severe or terrible in nature, such as murder, rape, kidnapping, theft, dowry deaths, etc. Hence, for any such crime, which are punishable under the law, must be recorded in the form of First Information Report or simply FIR.

A police officer is required to file a FIR in cases of crimes that are cognizable under Section 154 of the Criminal Procedure Code (CrPC). In addition, he has the option of making some sort of preliminary investigation before filing the FIR. When committing one of these offenses, the criminal is taken into custody and brought before the magistrate within the allotted time. Given how serious the crime is, cognizable offenses automatically receive court approval.

Powers of the Police (in case of cognizable offence)

The police have the authority to deal with cognizable offenses under Section 156 of the Criminal Procedure Code.

• The police may make an arrest when a FIR is filed at the police station and the offense is one for which a warrant can be issued by the court.

• The investigation can begin as soon as the arrest is made, and it is only allowed to look into cases within that police station's local jurisdiction.

• If the information reveals a cognizable offense, the police are required to file a FIR. The police officer must register the report and send it to the police station with jurisdiction if the crime scene is outside the boundaries of the station's jurisdiction.

What is Non-Cognizable Offence?

The offenses specified in the Indian Penal Code's first schedule that are bailable are non-cognizable offenses. In the event of a non-cognizable offense, the police are prohibited from detaining the suspect without a warrant and from opening an inquiry without the court's approval.

Example

Non-cognizable crimes include things like forgery, cheating, defamation, public disturbance, etc.

When one of these offenses occurs, one files a criminal complaint with the metropolitan magistrate, who will then instruct the relevant police station to launch an inquiry. The charge sheet is expected to be submitted to the court by the respective police officer, and then there will be a trial. If the accused is found guilty following the trial, the court issues a warrant for his or her arrest.

Powers of the Police (in case of non-cognizable offence)

The procedure that the police must take when dealing with non-cognizable offenses is outlined in Section 155 of the Criminal Procedure Code-

• In these situations, the police are prohibited from making arrests without a warrant and from starting an investigation without the magistrate's approval.

• According to Section 155(2) of the CrPC, the police officer must obtain the magistrate's permission before acting.

• The police officer is required to document the submitted complaint and request that the complainant contact the appropriate magistrate. The probe can start after getting the magistrate's approval.

Difference between Cognizable Offence and Non-Cognizable Offence

According to the facts discussed above, the following are some significant distinctions between cognizable and non-cognizable offenses −

Basis for comparison	Cognizable Offence	Non-Cognizable Offence
Meaning	A cognizable offense is one in which the police are permitted to report the crime on their own.	Non-cognizable offenses are those for which the police report crime and inisiate investigation on the order of judicial magistrate.
Arrest	May arrest without Warrant	Cannot arrest without Warrant
Approval of Court	Not necessary to start the investigation.	To start an investigation, the court must give its prior authority in advance.
Bail	May or may not be granted (discretionary power of the court).	Matter of right.
Type of Offence	Heinous	Petty or compoundable.
Examples	Rape, murder, theft, etc.	Assault, cheating, defamation, etc.
Petition	FIR and complaint.	Only Complaint or FIR.

Important Judgments of Cognizable and Non-Cognizable Offences

There are some important judgments regarding the both cognizable and non-cognizable offenses-

Lalita Kumari Vs. State of Up

According to the Supreme Court, a police officer is required by Section 154 of the CrPC to file an FIR if the information reveals a criminal offense.

• The word "must" expresses the statutory intent of the legislature and removes any choice from a police officer over whether to undertake an initial inquiry before filing a FIR.

• Officers who refuse to file a FIR will face harsh consequences.

Conclusion

Non-cognizable offenses are bailable offenses, whereas cognizable offenses are either non-bailable or bailable in nature depending on the gravity of the crime and interpretation of the respective court. Non-cognizable offenses are punished with less than three years in prison or occasionally just a fine, whereas cognizable offenses are punished with three years or more in prison and/or fine.

FAQs

Q1. Is FIR necessary for a cognizable offence?

Ans. Typically, a cognizable offense victim or someone acting on their behalf will file a police report. A cognizable offense may be reported to the police verbally or in writing by any person. A telephone message can be considered an FIR as well.

Q2. What is not an example of non-cognizable offence?

Ans. In India, assault is NOT an example of a crime that can be prosecuted. In India, assault is not a punishable offense. A cognizable offense is one that called for an immediate arrest. Police officers are permitted to make arrests without a warrant for cognizable offenses.

Q3. In what ways may a lawyer assist you in a criminal case?

Ans. A criminal attorney can help you obtain bail, spot mistakes and rights abuses, and other circumstances that might result in the case being dismissed or the charges being withdrawn. If the matter proceeds to trial, the criminal attorney will make every effort to get your acquittal by putting together a strong defense; alternatively, if you are found guilty, the attorney may be able to assist you in obtaining a lighter sentence.