Cognizable offence

Meaning of Cognizable offence

The Meaning of Cognizable offence is given in subsection C of section 2 of the Criminal Procedure Code whereas the non-cognizable offenses are given in Subsection L of section 2 of the Criminal Procedure Code.

Non-cognizable offence are that offence in which police can arrest anyone without a warrant. If the police get any information about offence then police immediately file an FIR and start investigating about the offence, if police found any evidence against the culprit or have any doubt on any person then police will arrest him without warrant offence are generally serious in nature which includes murder, rape, dowry death, etc. In this type of offence police don’t have to take permission from higher authority and FIR and Investigation are also not required. In cognizable offense police have the power to arrest any person in appreciation of doubt. They can arrest without filing FIR or warrant.

In non-cognizable offence police cannot arrest any person without warrant. They have to take warrant from the appropriate authority and after taking the authority then the police can arrest. non-cognizable offense are less serious in nature like cheating, fraud, hurt, etc. As soon as police know that any “non-cognizable” offence had taken place, then he will not file any fir he writes the matter in GR Diary and he arrests the offender and presents him before the court.

People of state also have the power to complain about the non-cognizable offense. So, We can also complain about non-cognizable offense directly to the Judicial Magistrate. After reading our complaint and hearing from the evidence which we have presented before the court, if judicial magistrate feels that this is true, then Judicial magistrate can take cognizance of the offence and order opposite party to present before the court and if Judicial magistrate finds that there is requirement of investigation then he can order appropriate police station to investigate on the matter and present the charge sheet in the court as soon as possible. In non-cognizable offense police cannot investigate without the permission of the court, they cannot arrest without the permission of the court

POWER TO INVESTIGATE NON-COG OFFENCE

When a police officer receives about commission of non-cog offence within the territory of his police or within the jurisdiction of his police station then police office will write the substance in a book which is maintained in a form notified by the appropriate government and the police office will concerned the Magistrate about commission of  such non-cog offence or about the information which is received by the information. Subsection 2 to 155 of crpc puts a bar on the powers on the police officer to investigate non-cog offence. It states that no police officer shall investigate the non-cog offence without the order of the magistrate.

There is an exception to the bar that when the police officer has a direction or order of the magistrate then the police officer exercises the power to investigate to non-cog offence. Subsection 3 to section 155 of crpc states that a police officer investigated a non-cog offence shall have the same power as that have a police officer investigating the non-cognoffence. Except that the police officer investigating the non-cognizable offenceshall not have power to arrest without warrant.

Types of cognizable offence and non-cognizable offence

Here are some example

Murder, Robbery, Theft, Rioting, Counterfeiting etc. are some examples of cognizable offences.

Here are some non-cog offence examples which include Public Nuisance, Causing Simple Hurt, Assault, Mischief, etc. The Police cannot register criminal cases or cause arrests with regard to a non-cog offence. In all such cases, the Police have to take permission from a magistrate for registration of a criminal case. 

Cognizance of offence

Cognizance of offence means to take consideration or to consider the matter by the magistrate. Now the matter is to the magistrate and magistrate take cognizance means  

Magistrate takes in cognizance which means magistrate taken in his custody the case and now whatever the police wil anyone will do or have to do after the direction of the magistrate. So whatever the police did or whatever happened in the case whether by the complaint by the police report or sumoto it came in the knowledge of the magistrate. Cognizance offence in simple words it means that magistrate will take the matter to himself that will give the direction for such matter.        

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