In this article you will learn about the Difference Between Cognizable and Non Cognizable Offence.
Cognizable Offence
A cognizable offence is the offence in which the police officer may arrest the defendant without a warrant and start an investigation on their own initiative. In these offences, the police have the authority to take immediate action, including detaining suspects, conducting searches, and collecting evidence. These offences are more serious in nature such as murder, rape, robbery, etc.
Powers of the Police (in case of cognizable offence)
The police have the power to deal with cognizable offences under Section 156 of the Criminal Procedure Code.
The police can make an arrest when an FIR is filed at the police station and the offence is one for which a warrant can be issued by the court.
The investigation begins as soon as the arrest is made, and it is only allowed to look into cases within that police station's local jurisdiction.
If the information reveals a cognizable offence, the police are required to file an FIR. If the crime scene is outside the boundaries of the station's jurisdiction, the police officer must register the report and send it to the police station with jurisdiction.
Non Cognizable Offence
A non-cognizable offence is the offence that is generally less serious. It does not allow the police to make an arrest without a warrant or start an investigation without a formal complaint from the victim. In these cases, the police require a written complaint from the victim or a court order to take action. Non-cognizable offences include offences such as simple assault, defamation, or minor property damage.
Powers of the Police (in case of non-cognizable offence)
The procedure for the police to deal with non-cognizable offences is outlined in Section 155 of the Criminal Procedure Code -
In these situations, the police are prohibited from starting an investigation without the magistrate's approval and from making arrests without a warrant.
According to Section 155(2) of the CrPC, the police officer must obtain the magistrate's permission before doing the act.
The police officer is required to document the submitted complaint and request that the complainant contact the appropriate magistrate. The probe can start only after getting the magistrate's approval.
This article on Difference Between Cognizable and Non Cognizable Offence is contributed by Dipshikha Anand. If you like LawStudyPoint.com do follow us on our Twitter handle.