Latest Articles
Back
Cognizable and non cognizable offences
Cognizable and non-cognizable offences
Often terms like Cognizable-non cognizable, bailable-non bailable are confused. With the increasing rate of crimes in India things are getting more complicated, more rules and statutes are being introduced day by day and thus it becomes very important for a person to understand the consequences of his acts. First of all an offence means an act that is forbidden by law and is punishable in nature for which a complaint can be registered to the appropriate authority that is the police or magistrate. Offences can be classified into two categories namely, cognizable and non-cognizable offences. Cognizable offences are those in which the police can arrest the accused without a warrant and start the investigation without the court’s permission. It has been defined under Section 2(c) of the Criminal Procedure Code, 1973. Such offences are generally serious and heinous in nature like murder, rape, kidnapping, theft, dowry death etc. Section 154 of Criminal Procedure code (CrPC), mandates the police officer to register a First Information Report (FIR) in cognizable offences. He might conduct a preliminary investigation before registering the FIR. In case of cognizable offences the accused has to be produced before a magistrate within a stipulated time period. Cognizable offences are non-bailable offences.
Whereas, non-cognizable offences is defined under Section 2(I) of the Criminal Procedure Code, 1973 as such offences in which the police cannot arrest the accused without warrant and cannot start the investigation without the court’s permission. Such offences include forgery, cheating, defamation, public nuisance, etc. 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. Such offences are bailable. To summarise cogizable offences are non-bailable offences and are very sreious and henious in nature whereas non-cognizable offences are bailable offences that are offences but of a slightly lower degree as compared to cognizable offences. Cognizable offences are considered to be public wrongs and hence require strict and stringent acton to be taken by the State, whereas non cognizable offences are considered to be private wrongs and so their prosecution is left to be initiated by the private person against whom such harm has been inflicted upon.
