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In continuation, we have brought one more post which help you to determine the difference between Cognizable and Non-cognizable offences. This will help to get better understanding about these law and you will be aware.
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Power of arrest by police officer-
1.) Cognizable
2.) Non- cognizable
Do you know when can a police officer arrest any person? Is it their own interest to decide whether to arrest a person or conduct a search in private homes? NO!!!
1.) Cognizable Offence:- Sec.2(c)Cr.p.c. 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.
2.) Non-Cognizable Offence:- Sec.2(l)Cr.p.c. means an offence for which, and “non-cognizable case” means a case in which, a police officer, has no authority to arrest without warrant.
Know more about :
§ Difference between cognizable offence and non-cognizable offence:
How to distinguish between congnizable and non-cognizable offences? we have provided some basis for both types of offences.
The Criminal Procedure Code, 1973 contains classification of offences based on their nature and procedure to be followed. The schedule categorizes and specifies the offences based on their sections, punishment, which court can take the cognizance, whether it is bailable or non-bailable, and non-cognizable or cognizable.
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Basis | Cognizable offence | Non-Cognizable offence |
Provision | It is defined in the section 2(c) of the Criminal procedure Code, 1973. | It is defined in section 2(I) of criminal Processor Code 1973. |
Definition | Cognizable offences are those in which the investigating authority can arrest the accused without an arrest warrant. | Non-cognizable offences are those in which the investigating authority cannot arrest an accused without an arrest warrant. [1stSchedule or under any other law for the time Being in the force] Are missing in the definition of non-cognizable offence. |
Offence other than IPC | 2ndpart of the 1stschedule of the court deals with offences other then that of IPC and provides that if the offence is punishable with death, imprisonment for life for 3 years for more, that offence shall be treated is cognizable offence. | 2nd part of the 1st schedule of the court deals with Offences other then, that of IPC and provides that if the offence is punishable with imprisonment for less than 3 years or with fine. Only That offence shall be treated is non-cognizable offence. |
Arrest | Arrest without warrant. | Arrest with warrant. |
Nature of offences | Become serious and public matters. | Less serious and private matters. |
FIR | Under section 154 fir is registered related to cognizable offence. | Information is to non cognizable cases is recorded under section 155. |
Power of investigation | Under section 156 After recording the FIR under section 154, any officer incharge of police station May, without the order of a magistrate investigate any cognizable case. | under section 152 no police officer shall investigate a non cognizable case without the order of a magistrate Have in power to try such case or commit the case for trial. |
Sending of a report | Under Section 157 officer incharge of police station shall Forthwith send report of the FIR to a magistrate empowered To take cognizance of such offence upon a police report. | here investigation start on the direction of a magistrate, So there is no such provision for sending a report. |
Investigation within 24 hours | If investigation is not completed with in 24 hours, then procedure mention in Section 167 must be followed. | here there is no such specific provisions. |
Registration of information | If information is given regarding Commission of cognizable offence, generally police officer is bound to register FIR without primary inquiry. Here information is not Send to magistrate. | where information is given to an officer incharge of police station of the Commission of a non cognizable offence, when shall enter the substain of the information in a prescribe book and the informate to the magistrate. |
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