This article is written by Sambit Rath, a B.A.LL.B student of Dr. Ram Manohar Lohiya National Law University, Lucknow. In this article, the author aims to discuss the differences between cognizable and non-cognizable offences, the procedure followed by the investigating authorities and their powers, and judgements related to the same.
It has been published by Rachit Garg.
Table of Contents
Introduction
According to the Collins dictionary, “an offence is a crime that breaks a particular law and requires a particular punishment.” All of us are aware that to punish a criminal, he/she needs to be arrested first and then be questioned by the police. Like this, a proper step-by-step procedure is followed until the case goes to court. However, not all offences are the same and they require different treatment. The Indian Penal Code, 1860 (IPC) is the official criminal code of India. It covers all the substantive aspects of criminal law. All the acts that amount to crime are defined in it. Based on the nature and gravity of offences, they can be classified into 3 types. These are bailable and non-bailable offences, cognizable and non-cognizable offences, and compoundable and non-compoundable offences. In this article, we shall look into the differences between cognizable and non-cognizable offences.
What are cognizable offences
The punishment for each offence depends on the seriousness of the crime. Offences that are punishable with not less than 3 years of imprisonment are serious offences and are considered cognizable. The Criminal Procedure Code, 1973 (CrPC) under Section 2(c) states that an offence that is punishable with death, imprisonment for life, or imprisonment for more than 3 years shall be cognizable.
Cognizable offences are those in which the police can arrest the accused without a warrant. The police can also begin an investigation without the permission of the court. The accused is arrested and produced before the court at the stipulated time. According to Section 154 of the CrPC, a police officer is required to register an FIR in case of a cognizable offence. Murder, rape, theft, kidnapping, dowry death, etc. are some of the examples of cognizable offences. These offences are both bailable, and non-bailable.
What are non-cognizable offences
An offence that is less serious in nature is considered non-cognizable. Section 2(l) of the CrPC defines non-cognizable offences as those in which the police have no authority to arrest without a warrant. These are mentioned in the first schedule of the Indian Penal Code and are bailable. In these offences, the police cannot arrest the accused without an arrest warrant and cannot start an investigation without the permission of the court. Non-serious crimes such as assault, cheating, forgery, defamation, public nuisance, etc. are non-cognizable offences.
As per Section 155 of the CrPC, if a police officer receives information about a non-cognizable crime, he is supposed to enter the case in the station diary and refer the informant to the magistrate. Only after receiving permission from the magistrate, the police can start investigating the matter. After concluding its investigation, a charge sheet is filed with the court, which is then followed by a trial. If a case has been made out, the court then issues a final order of arrest.
Powers of the police
In cognizable offence
Section 156 of the CrPC confers power upon the police to deal with cognizable offences.Â
- When an FIR is filed at the police station and the offence is a cognizable one, the police can initiate arrest without waiting for an arrest warrant from the court.
- Investigation can be started as soon as the arrest is made and the investigation is limited to the local jurisdiction of that police station.
- The police are bound to register an FIR if the information discloses a cognizable offence. If the place of crime is outside the jurisdiction of the police station, the police officer cannot refuse to register the report and should forward it to the police station that has jurisdiction.
In non-cognizable offence
Section 155 of the CrPC provides the procedure that the police have to follow while dealing with non-cognizable offences.
- In these cases, the police cannot arrest anyone without an arrest warrant and initiate an investigation on their own without the consent of the magistrate.
- The police officer has to get the order from the magistrate under Section 155(2) of the CrPC.
- The police officer has to record the complaint filed and ask the complainant to approach the magistrate having jurisdiction. After receiving permission from the magistrate, the investigation can begin.
Procedure to be followedÂ
The Criminal Procedure Code, 1973 lays down the procedure that the investigating authorities and the rest of the legal system have to follow while dealing with criminal cases. The approach that the police should have while dealing with cognizable and non-cognizable offences is as follows:
In cognizable offence
- The case begins as soon as a First Information Report (FIR) is filed at the police station. It informs the police of the commission of a cognizable offence by someone identified or unidentified. A copy of the FIR is given to the complainant and a second copy is sent to the magistrate.
- Investigation begins as soon as the information is recorded by the police officer. The officer-in-charge appoints the appropriate policemen to go to the spot and arrest the accused.
- If the investigation requires searching for documents then the police can do so and can order a person to produce relevant documents.
- The arrested person is placed under detention and questioned up until he is produced before the magistrate within 24 hours of the arrest including the time taken to travel to the magistrate.
- If the police find that the investigation cannot be completed within 24 hours, they will then make an application to the magistrate and request him to extend the period of custody. Based on the preliminary investigation, if the magistrate finds it appropriate, he can remand the arrested person for not more than 14 days.
- While investigating, the police are well within their rights to question witnesses and record their statements. These can have a huge impact on the case going forward.
- The medical examination of rape or molestation victims is to be conducted within 24 hours of the offence being reported.
- After the investigation is concluded, a charge sheet is prepared and sent to the magistrate. A report consisting of the FIR, witness statements, names of parties, facts, and information gathered by the investigating officer is sent to the magistrate.
- Then the judge calls upon the parties and informs them of the preliminary finding. At this stage, witnesses are brought forward and asked to make the same statements that they made to the police, but this time under oath. The accused has the option to plead guilty, and if he doesn’t then the case goes to court.
- The trial commences in the trial court, where all the witnesses are called upon and are asked to make statements under oath. Both parties make their arguments.
- The judge then prepares a judgement that is based on various points, which are explained in it. As it is a case of a cognizable offence, the accused, if found guilty is sent to prison for not less than three years and other such punishment as may be prescribed by the IPC.
In non-cognizable offence
- In non-cognizable offences, the police are not permitted to arrest the accused without an arrest warrant. An officer is not allowed to investigate a non-cognizable case without the consent of the magistrate. This is provided in Section 155(2) of the CrPC.
- On receiving the order from the magistrate, the police officer can initiate an investigation with the same powers he exercises in a cognizable case. Thus, the procedure of investigation stays the same in both.
Cases where both cognizable and non-cognizable offences are committed
According to Section 155(4) of the Criminal Procedure Code, if in a case there are two or more offences and one of them is a cognizable one according to the first schedule of the Indian Penal Code, the entire case has to be dealt with as a cognizable one. Hence, the investigating officer will have the same authority to investigate the case as he has in a cognizable case.
Difference between cognizable and non-cognizable offences
| S.no | Basis | Cognizable | Non-cognizable |
| 1 | Meaning | Cognizable offences are those in which the investigating authority can arrest the accused without an arrest warrant. | Non-cognizable offences are those in which the investigating authority cannot arrest an accused without an arrest warrant. |
| 2 | Permission of court | Not required, investigation can be initiated as soon as an FIR is filed. | Required, investigation can begin only after the court issues an order. |
| 3 | Severity of crime | Cognizable offences are serious crimes. | Non-cognizable offences are less serious. |
| 4 | Examples | Murder, theft, kidnapping, etc. | Assault, cheating, defamation, etc. |
| 5 | Statutory | It is defined in the Section 2(c) of the Criminal Procedure Code, 1973. | It is defined in Section 2(I) of Criminal Procedure Code 1973. |
Important judgements surrounding cognizable and non-cognizable offences
Lalita Kumari v. State of U.P.& Ors (2013)
Facts of the case
- The petitioner had filed a report before the officer-in-charge of the police station stating that her daughter had been kidnapped.
- No action was taken, and when the Superintendent of Police was informed, an FIR was registered. But still, no action was taken to apprehend the accused or to recover the minor child.
- Seeing no other option, the petitioner filed a petition under Article 32 of the Constitution.Â
Issue of the case
- Whether a police officer is bound to register an FIR on receiving information relating to the commission of a cognizable offence or whether the police officer has the power to conduct a preliminary inquiry to test the veracity of such information before registering the case.
Judgement of the Court
- The Supreme Court held that under Section 154 of the CrPC, a police officer is bound to register an FIR if the information discloses a cognizable offence.
- The expression “shall” indicates the statutory intent of Parliament and leaves no discretion to a police officer to conduct a preliminary investigation before registering an FIR.
- Stringent action will be taken against those officers who refuse to register an FIR.
Sakiri Vasu v. State Of U.P. And Others (2007)
Facts of the case
- The petitioner’s son was a major in the Indian Army, he was found dead at the Mathura Railway Station.
- The G.R.P., Mathura, and the Court of Inquiry of the Army held investigations and came to the conclusion that the Major had committed suicide. The petitioner was convinced that it was a case of murder.
- The petitioner approached the Supreme Court through a writ petition praying that the matter be investigated by the CBI.
Issue of the case
- Whether an aggrieved person, weary of the quality of investigation by the police, can insist that the offence be investigated by a particular agency.
Judgement of the Court
- The Supreme Court held that a person cannot insist that an offence be investigated by a particular agency. He can only claim that the offence he alleges was investigated properly.
- If a person has reason to believe that the police are not investigating properly or refusing to register an FIR of a cognizable offence, he can inform the Superintendent of Police under Section 154(3).
- If the aggrieved is still not satisfied, he can file an application before the magistrate under Section 156(3). The magistrate, if satisfied may direct the police to register the FIR and also direct the police to investigate properly.
Conclusion
The Criminal Procedure Code, 1974 has laid down the procedure of investigation by a police officer in cognizable and non-cognizable offences. The differences between the two are important to understand the powers of the police, rules of investigation, etc. In a cognizable offence, the police can arrest the accused and initiate an investigation on their own without the order of the magistrate. This is done in order to apprehend the accused as soon as possible because cognizable offences are serious crimes. The accused has the probability of harming other people in society. But this is not the case in non-cognizable cases. Hence, the procedure to investigate remains the same in both and only the starting point, i.e., the arrest of the accused, is different in both.
Frequently Asked Questions (FAQs)
Which offences are cognizable?
Cognizable offences are those in which the accused can be arrested and an investigation can be initiated by the police without the order of a magistrate. These are serious crimes like murder, rape, kidnapping, etc.
Is dowry a cognizable offence?
Receiving and giving dowry are both offences. Offences under the Dowry Prohibition Act, 1961 are cognizable for certain purposes that include investigation and matters other than arrest without a warrant or order of the magistrate.
How can a lawyer help you in your criminal case?
A criminal lawyer can assist you in getting bail, identifying errors and rights violations, and other factors that could lead to dismissal of the case or charges being dropped. If the case goes to trial, the criminal lawyer will try his best to get you an acquittal by putting together an effective defence, or if you are convicted, the lawyer can help you get a lesser sentence.
What happens if a criminal charge is not dismissed?
If a criminal charge is not dismissed, the arrested person shall be kept in custody till the investigation is over. If the investigation finds incriminating pieces of evidence, then the case should go to a court.
References
- Cognizable Offence vs Non Cognizable Offence – javatpoint
- Complete Guide on Cognizable and Non Cognizable Offence | Lawtendo
- Procedure of Investigation – [Cognizable v. Non-Cognizable] Offence (lawcorner.in)
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