Define and distinguish between Cognizable and Non cognizable offences

Question: Define and distinguish between Cognizable and Non cognizable offences; [U.P.C.J. 2015, RJS 1979, DJS 2007, HJS 1999]

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Answer

As per section 2(c) of the CrPC, a cognizable offence is an offence in which the police officer as per the first schedule or under any other law for the time being in force, can arrest the convict without a warrant. Cognizable offences are generally heinous or serious in nature such as murder, rape, kidnapping, theft, dowry death, etc.

As per section 2(l) of the CrPC, “Non- cognizable offence” means an offence for which, and “non-cognizable case” means a case in which, a police officer has no authority to arrest without a warrant. It is important to note that “First Schedule or under any other law for the time being in force” is missing in the definition of Non-Cognizable Offence.

Key Differences-

1. The offence in which the police
   suo motu takes cognizance of crime and also does not need the approval of the court, known as a cognizable offence. While, in non-cognizable, police has no authority to arrest a person for crime on its own, without prior approval of the court.
2. In cognizable offence, the court’s order is not required to start an investigation. Conversely, in the non-cognizable offence, first of all, a court’s order should be obtained for undertaking an investigation.
3. Cognizable encompasses murder, rape, theft, kidnapping, counterfeiting, etc. On the contrary, non-cognizable offences include offences like forgery, cheating, assault, defamation, and so forth.
4. In a Cognizable offence, the police officer is bound to register the FIR even without the permission of the Magistrate, while in non-cognizable cases The police officer is not bound to register the FIR or cannot register the FIR without prior permission of the magistrate.
5. Cognizable offences are non-bailable whereas non-cognizable offences are bailable.

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