What is Non-Cognizable Offence?

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....

What is Non-Cognizable Offence?

The Code of Criminal Procedure, 1973 defines non-cognizable offense under Section 2(l). As per Section 2(l), Non-Cognizable offence means an offence in which a non-cognizable case is registered and in this, the police do not have the power to arrest any person without a warrant as specified in Schedule I of the act. In our country offenses are differentiated as per the severity of the case and they are categorized as cognizable and non-cognizable offenses. Non-cognizable offences are less grave and serious and the police officers are not allowed by the law to arrest any person in such case without a warrant or written permission of the court. Offenses such as battery, forgery, cheating, etc. fall under non-cognizable offenses and in these cases, police cannot arrest the suspect without a warrant. The punishment for non-cognizable offenses is mostly less than 3 years....

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....

Conclusion

In our country, the Code of Criminal Procedure, 1973 lays out the rules and regulations that are to be followed while dealing with Cognizable and Non-Cognizable offenses. Different rules are to be followed while dealing with a Cognizable case than a Non-Cognizable case. In a cognizable case, the most important thing is to apprehend the accused as there is a chance that if the accused is roaming free in the society then he might pose a risk to the other members of the society. Because of these reasons, the act allows the police to arrest the accused without any warrant or written order. If the police wait for a warrant or written order in case of a cognizable offense, then the accused might fly away and pose a risk to society. In case of a Non-Cognizable offence, a warrant or a written order is needed because there is no imminent threat to the people of the society....

Difference Between Cognizable and Non-Cognizable Offence- FAQs

What is the main difference between cognizable and non-cognizable offenses?...