Empowering Marginalized Communities: Understanding Cognizable and Non-Cognizable Offences

When you hear about a crime or offence in India, you might have come across terms like “cognizable offence” and “non-cognizable offence.” These legal terms may sound complicated, but they simply help determine how serious an offence is and what powers the police have to investigate it. By means of this blog, we'll break down these concepts in the simplest way possible, using flowcharts and examples, so anyone can understand the difference.

Cognizable and non-cognizable offences are foundational concepts in India’s criminal justice system, determining how police handle investigations and arrests.

What Are Offences?

First things first, an offence means any act or omission (not doing something) that the law says is wrong and punishable. The Bharatiya Nyaya Sanhita (formerly the Indian Penal Code) classifies different types of offences based on their seriousness.

Why Differentiate Between Cognizable and Non-Cognizable Offences?

The law divides offences into two broad categories to decide:

• 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.

Is it a Cognizable or Non-Cognizable Offence?

Imagine a hospital emergency:

• 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.

What is a Cognizable Offence?

• 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).

What is a Non-Cognizable Offence?

• 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).

Cognizable Offence Process

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.

Non-Cognizable Offence Process

1.Complaint filed → 2. Police note in CSR [Section 174 in BNSS ] (Formerly Section 155, CrPC) → 3. Informant referred to magistrate → 4. Magistrate approves investigation → 5. Police investigate

Why Does This Classification Matter?

1. Speed of Justice: Cognizable offences require quick police action due to their serious nature.

2. Rights of the Accused: Non-cognizable offences involve magistrate supervision to prevent misuse of police powers.

3. Legal Procedure: Different courts and procedures apply based on the offence type.

Important Sections from the New Bharatiya Nagarik Suraksha Sanhita, 2023

·       Section 2(1)(b) "bail" means release of a person accused of or suspected of commission of an offence from the custody of law upon certain conditions imposed by an officer or Court on execution by such person of a bond or a bail bond;

·       Section 2(1)(g) "cognizable offence" means an offence for which, and "cognizable case" means a case in which, a police officer may, in accordance with the First Schedule or under any other law for the time being in force, arrest without warrant;

·       Section 2(1)(h) "complaint" means any allegation made orally or in writing to a Magistrate, with a view to his taking action under this Sanhita, that some person, whether known or unknown, has committed an offence, but does not include a police report.

Explanation. - A report made by a police officer in a case which discloses, after investigation, the commission of a non-cognizable offence shall be deemed to be a complaint; and the police officer by whom such report is made shall be deemed to be the complainant;

·       Section 2(1)(o) "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 warrant;