What is Cognizable Offence ?
- Meaning: Cognizable = able to be apprehended.
- Definition: S.2. (c) (Cr.P.C.) 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 bell in force, arrest without warrant.
- Cognizable offences are usually serious in nature. (For full details the visitor is advised to see First Schedule of Cr.P.C.)
- Sec. 154 Cr.P.C. provides that the Police Officer has to receive FIR relating to cognizable offences without Magistrate's permission, and enters it in General Diary and immediately starts investigation.
- The Police may arrest the accused, in cognizable offence without warrant.
- In cognizable offences, police has a duty to investigate the case without seeking permission from the Magistrate.
What is Non- Cognizable Offence ?
- Meaning: Non-Cognizable = not able to be apprehended.
- Definition: S.2.(1) (Cr.P.C.) 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.
- Non-cognizable offences are not so much serious as cognizable offences.
- Sec. 155 Cr.P.C. provides that the police officer is not competent to receive and record FIR pertaining to the offence of non-cognizable offences, unless he obtains permission from the Magistrate.
- In non-cognizable offences, the police cannot arrest any person without warrant.
- In non-cognizable offence, police has a duty to obtain permission first from the Magistrate and then investigates the case.