Understanding the Difference Between Cognizable and Non-Cognizable Offences in India

The legal framework in India governed by the Criminal Procedure Code (CrPC) classifies offences on the basis of arrest in two categories- cognizable offence and non-cognizable offence. A cognizable offense is an offense of serious nature and the person accused of a cognizable offense can be arrested by the police officer without a warrant. On the other hand, a non-cognizable offense is less serious in nature and to arrest an accused person the police officer needs to obtain a warrant.  

In order to have a better understanding of the different types of offences mentioned in the Indian legal system, it is essential to understand the difference between cognizable and non-cognizable offences. All the offences mentioned in the IPC are either categorized as a cognizable or a non-cognizable offence. This classification of offences ensures the nature and gravity of the offence which can further help in immediate police interference when the offence committed by any person is serious in nature. 

This blog aims to cover all the important aspects of cognizable and non-cognizable offences, their meaning, difference between them, and why such distinction between the offences is important. 

 

What are Cognizable Offences?

Section 2(c) of the CrPC defines cognizable offences as an offense for which an accused individual can be arrested without a warrant. Cognizable offences are serious in nature and do not require prior permission from the magistrate to arrest the person. 

Few examples of cognizable offence are murder, rape, theft, kidnapping, and dowry death. These offences are generally serious or heinous in nature and require immediate police intervention. 

Although the police can arrest without a warrant, however, they have to file an FIR whenever they receive information about the commission of a cognizable offence. Filing an FIR of cognizable offence is mandatory and the police officer should comply with the same. The police officer can skip the prior inquiry before obtaining a warrant, and can arrest the accused person immediately, present them before the magistrate within 24 hours, and start investigating the case. 

 

What are Non-Cognizable Offences?

Section 2(l) of the CrPC defines non-cognizable offences as an offence for which an accused person cannot be arrested without a warrant. Non-cognizable offences are less serious in nature and require prior permission to arrest the person. 

Few examples of non-cognizable offences are defamation, cheating, forgery, and public nuisance. 

The police officer cannot file an FIR without the approval of the court. Further, the police officer requires permission of the magistrate to begin the process of investigation. Under non-cognizable offences, the police officer needs to have a warrant to arrest the person and also approval of the magistrate is required to start the investigation process. 

 

Major Difference Between Cognizable and Non-Cognizable Offences

Basis	Cognizable Offence	Non-Cognizable Offence
Definition	Section 2(c) of the CrPC defines cognizable offences as offences where police officers can arrest the person without warrant.	Section 2(l) of the CrPC defines cognizable offences as offences where police officers cannot arrest the person without warrant. The police officer must obtain a warrant to arrest the person.
Severity	These offences are serious and heinous in nature.	These offences are less serious in nature.
Police Power	The police officer has the power to arrest the person without a warrant immediately and start the investigation process.	The police officer does not have the power to arrest without warrant. Arrest can be done only with the prior permission of the magistrate and with proper warrant.
FIR Registration	The FIR must be registered just after the police officer gets the information about the cognizable offence.	The FIR cannot be registered. The complaint can only be written in the station diary, and only after investigation the FIR can be registered.
Examples	Murder, Rape, Theft, Kidnapping.	Defamation, Public nuisance, Hurt.

 

Legal Procedure Involved

1. Cognizable Offence:

a) The complainant or informant informs the police officer about the commission of the cognizable offence.

b) The police officer files an FIR immediately after the complaint.

c) The police officer has the discretion to arrest such a person who is accused of committing the cognizable offence without a warrant. 

d) The police officer can start the investigation process, and after that can present a chargesheet to the magistrate, further which the trial process begins. 

e) The lawyer of the arrested person can apply for bail petition, the court may direct a bail in case the offence is bailable in nature. Granting bail is in the hands of the court. 

 

2. Non-Cognizable Offence:

a) The complainant or informant informs the police officer.

b) The police officer writes the complaint in the station diary.

c) The accused person is referred to the magistrate, further which the magistrate examines the complaint and may order investigation.

d) Once the investigation is done, the police files a chargesheet, and if sufficient evidence exists the trial begins. 

e) The police officer can seek an arrest warrant to arrest the person. But in most cases of non-cognizable offences, the offences are bailable in nature. 

 

Examples of Cognizable and Non-Cognizable Offences

Examples of Cognizable Offences:

Offences such as murder, rape, dowry death, kidnapping, etc. come under the head of cognizable offences. These offences are serious and heinous in nature and impact the society severely. 

Examples of Non-Cognizable Offences:

Offences such as assault, public nuisance, defamation, hurt, etc. come under the head of non-cognizable offences. These offences are less serious in nature and have an impact on an individual person rather than the society as a whole. 

 

Why Does This Distinction Matter?

It is important to understand the distinction between cognizable offence and non-cognizable offence to ensure that the citizens of the country are well aware of their rights and responsibilities. The following are the few reasons why there has to be a distinction between cognizable offence and non-cognizable offence:

1. Enforcement of the law efficiently: When there exists clear distinction between the two categories of offences, it becomes easier for the law enforcers and the police officer to proceed with further procedures after the complaint is made. If it is a cognizable offence then the police officer can arrest the person without warrant and the person cannot have the chance to evade and delay justice.

 

1. Fundamental rights are protected: When the person is accused of committing a non-cognizable offence, the police officer cannot arrest the person without a warrant and prior permission from the magistrate and proper investigation. This protects the fundamental right of persons from misuse of power by the police by arresting, who are wrongly accused of an offence they have not committed or which is less serious in nature. 

 

1. Right to Bail: Generally, a person who is accused of committing a cognizable offence is accused of an offence which is non-bailable in nature. Whereas, a person who is accused of a non-cognizable offence is accused of committing a bailable offence. However, there can be offences which are non-cognizable in nature but are also non-bailable. Further, the bail eligibility of a person arrested is at the discretion of the court depending on the gravity of the offence. 

 

Can a Non-Cognizable Offence Become a Cognizable Offence?

Yes, a non-cognizable offence can become a cognizable offence. Such situations arise when the person is accused of multiple offences which includes some offences cognizable in nature and some non-cognizable in nature. In such circumstances, the court will consider it as a cognizable offence all together. 

 

How to Choose the Right Criminal Lawyer for Your Case?

Having an experienced lawyer with good defending skills is essential to defend yourself in the court of law. Choose a criminal lawyer who will help you in the following ways:

1. They will help you understand the legal procedures easily. 
2. They can navigate you if accused of a cognizable or non-cognizable offence. 
3. They can prepare strong arguments and defend you in the court of law. 

A criminal lawyer dealing with cognizable and non-cognizable offences and bail matters can be a great choice. Choose the Right Criminal Lawyers in Bangalore who can help you navigate the legal procedures.

 

Conclusion

The classification by the Indian legal system of cognizable and non-cognizable offences shows fairness and protects the rights of the individuals who might be arrested wrongly. The police officer must obtain a warrant for arresting a person accused of committing a non-cognizable offence. In such a case, the person is protected from illegal arrest. 

The police officer can also arrest a person without a warrant when the person is accused of a cognizable offence. Cognizable offences are serious in nature and thus such allowance to the police officer by the legislature is to ensure that the investigation does not hinder and the justice is not delayed. 

Such classification of cognizable and non-cognizable offences also makes the work of the police officer easier  and speeds up the process of justice.