What is Cognizable Offence?
The Code of Criminal Procedure, 1973 defines cognizable offense under section 2(c). As per Section 2(c), a cognizable offense means an offense in which a cognizable case is registered. In this, the police can arrest any person without a warrant as specified in Schedule I of the act. Cognizable offences are more grave and serious and the police officers are allowed by the law to arrest any person in such case without a warrant or written permission of the court. Offenses such as murder, kidnapping, rape, etc. fall under cognizable offenses and in these cases, police can arrest the suspect without any warrant. 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. In these offenses, the accused cannot get bail from the police station as these offenses are nonbailable. 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.
Key Features of Cognizable Offences:
- Cognizable offenses allow police to arrest without a warrant for serious crimes like murder and rape.
- Punishments for cognizable offenses typically exceed three years, possibly resulting in life imprisonment or death.
- Accused individuals cannot obtain bail directly from the police station for cognizable offenses.
- Bail for cognizable offenses is at the discretion of the court, not the police.
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