When the police can start an investigation on their own (without needing permission).
When the police need permission from a Magistrate to investigate.
How serious the offence is.
Cognizable offences are like a medical emergency (heart attack) — doctors (police) act immediately without waiting for permission.
Non-cognizable offences are like a routine check-up — doctors need approval or appointment (Magistrate’s permission) before proceeding.
Meaning: “Cognizable” means the police have the authority to register a case and start investigation without permission from a Magistrate.
Examples: Murder, robbery, rape, theft, kidnapping.
Why? Because these offences are serious and urgent action is needed.
Police powers: The police can arrest the accused, investigate the crime, and file a charge sheet on their own.
Court: Usually tried by Sessions Court (a higher court).
Meaning: “Non-cognizable” means the police cannot investigate without prior approval from the Magistrate.
Examples: Public nuisance, hurt (minor injuries), defamation.
Why? These offences are considered less serious, so police action is regulated.
Police powers: Police must seek Magistrate’s permission before starting investigation or making arrest.
Court: Usually tried by Magistrate’s Court (a lower court).
1.Crime reported → 2. Police register FIR [Section 173 in BNSS ] (Formerly, Section 154, CrPC) → 3. Immediate investigation → 4. Arrest without warrant → 5. Charge sheet filed.
Speed of Justice: Cognizable offences require quick police action due to their serious nature.
Rights of the Accused: Non-cognizable offences involve magistrate supervision to prevent misuse of police powers.
Legal Procedure: Different courts and procedures apply based on the offence type.