Difference Between Cognizable and Non-Cognizable Offence
Basis |
Cognizable Offence |
Non-Cognizable Offence |
---|---|---|
Meaning |
Those offenses in which police can arrest without a warrant or written permission of the court are known as cognizable offenses. |
Those offenses that police cannot arrest without a warrant or written permission of the court are known as non-cognizable offenses. |
Provision |
It is given under Section 2(c) of The Code of Criminal Procedure, 1973. |
It is given under Section 2(l) of The Code of Criminal Procedure, 1973. |
Nature of Offence |
Cognizable offences are acts against the state and because of that state or central government becomes a party in the case. |
Non-cognizable offences are acts against a private person, hence he/she can initiate the case against the other person. |
Investigation Procedure |
The procedure of investigation in case of a cognizable offense is given under Section 156 of the Code of Criminal Procedure, 1973. |
The procedure of investigation in case of a non-cognizable offense is given under Section 155 of the Code of Criminal Procedure, 1973. |
Power |
In case of a cognizable offense a police officer has the power to start an investigation after they have registered a FIR. |
In case of a non-cognizable offense, a police officer cannot start an investigation before they get written permission from a magistrate. |
Arrest |
In case of a cognizable offense, a police officer has the power to arrest the accused without a warrant or written permission. |
In case of a non-cognizable offense, a police officer does not have the power to arrest the accused without a warrant or written permission. |
Seriousness |
All crimes are serious but cognizable offences are more grave than non-cognizable offences. |
Non-cognizable offenses are less grave than cognizable offenses. |
Punishment |
The punishment for cognizable offenses is mostly more than 3 years and can be extendable up to life imprisonment or death as per the discretion of the court. |
The punishment for non-cognizable offenses is mostly less than 3 years. |
Provision of Bail |
In Cognizable offenses, the accused cannot get bail from the police station as these offenses are non-bailable. The accused can further apply for bail in court and it is at the discretion of the court whether they want to give bail to the accused of a cognizable offense or not. |
In Non-Cognizable offenses, the accused can get bail from the police station as these offenses are bailable. |
Provision of Compounding |
Compounding or compromising in case of a cognizable offense is very difficult as the offenses are very serious. |
Compounding or compromising in case of a non-cognizable offense is easy as compared to cognizable offenses as offenses involved in this are less serious. |
Public Pressure |
As cognizable offenses are more highlighted in media so public also puts pressure on the police to take necessary action. |
Non-cognizable offenses do not create more media attention so people generally do not know more about such cases. |
Examples |
Murder, kidnapping, rape, etc. |
Battery, forgery, cheating, etc. |
Difference between Cognizable and Non-Cognizable Offence
Cognizable offenses and Non-Cognizable offenses are two different kinds of offenses. A cognizable offense is one where the police can arrest without a warrant, while a non-cognizable offense requires a warrant for arrest. In our country, laws are mainly defined in two parts; i.e. Substantive Law and Procedural Law. The Code of Criminal Procedure, 1973 is the procedural law of our country. This law defines how people can approach the court to get justice, it also clarifies between different types of offenses, the process of arresting a person, and how to get bail from the court.
Table of Content
- What is Cognizable Offence?
- What is a Non-Cognizable Offence?
- Difference Between Cognizable and Non-Cognizable Offence
- Conclusion
- Difference Between Cognizable and Non-Cognizable Offence- FAQs