COGNIZABLE AND NON COGNIZABLE OFFENCE, PART 1

Classification of Offences

Depending on the nature and gravity of an offence they can be classified under any of the following heads:

  1. Bailable and non-bailable offence
  2. Cognizable and non-cognizable offence.
  3. Compoundable and non-compoundable offence

Basis of Classification

The basis of the classification of an offence depends on how serious it is. The punishment of each offence decides its seriousness. Serious offences are those that are punishable with an imprisonment of not less than 3 years and are, therefore, considered cognizable offences. While the word cognizable has not been defined in CrPC, and no exact test for determining the classification has been provided, it does state widely that an offence punishable with death, imprisonment for life, or imprisonment of more than 3 years shall be cognizable offences. Further, in the case of State of West Bengal v. Swaran Kumar Guha & Ors., the Supreme Court held that the police cannot be handed over the complete discretion to decide the nature of the offence. To determine whether an offence is cognizable or not, principles of natural justice must be employed.

What are Cognizable Offences?

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.Some of the examples of a cognizable offence are as follows:

  1. Waging or attempting to wage war, or abetting the waging of war against the government of India,
  2. Murder,
  3. Rape,
  4. Dowry Death,
  5. Kidnapping,
  6. Theft,
  7. Criminal Breach of Trust,
  8. Unnatural Offenses.

Section 154 of the Criminal Procedure Code, 1973 provides that under a cognizable offence the Police Officer has to receive the First Information Report (FIR) relating to the cognizable offence.

Key Elements of cognizable offences:

  • Cognizable offences are those where a police officer can arrest without warrant.
  • And such cases, after arrest has been made, the accused will be produced before a magistrate, and he may require the police officer to investigate the matter.
  • After investigation, if the case is made out, i.e. charge sheet filed goes against accused, the magistrate can order for arrest.
  • During the pendency of trial, bail application can be moved before the concerned magistrate.
  • Cognizable offences are both bailable, and non-bailable.

What are Non-cognizable Offences?

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.Some of the examples of a non-cognizable offence are as follows:

  1. Assault,
  2. Cheating,
  3. Forgery

Key Elements of non-cognizable offence:

  • Non cognizable offences are those, where a police officer cannot arrest without a warrant.
  • In such offences for arrest, all the steps have to be followed like
  • Filing of complaint/F.I.R.
  • Investigation
  • Charge sheet,
  • Charge sheet to be filed in court
  • Trial
  • Final order of arrest if case has been made out.

Difference between Cognizable and Non Cognizable offences

The difference between Cognizable and Non-Cognizable offenceshasbeen defined in Criminal Procedure Code as follows;

Cognizable Offence

  1. Cognizable offence has been defined under Section 2of the Code of Criminal Procedure. Cognizable offence means an offence for which a police officer may, in accordance with the First Schedule or under any other law for the time being in force, arrest without a warrant or permission/order from the Magistrate.
  2. Cognizable offences are those offences which are serious in nature. Example- Murder, Rape, Dowry Death, Kidnapping, Theft, Criminal Breach of Trust, Unnatural Offences.
  3. Section 154 of CrPCprovidesthat under a Cognizable offence or case, the Police Officer has to receive the First Information Report (FIR) relating to the cognizable offence, which can be obtained without the Magistrate’s permission and enter it in the General Diary to immediately start the investigation. An FIR sets the criminal lawin motion.
  4. If a Cognizable offence has been committed, a Police Officer can investigate without the Magistrate’s permission.

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