Difference between Cognizable and Non-Cognizable Offence

Question

Distinguish between Cognizable and non-cognizable offences. [DJS 1973, 2006, RJS 1979, HJS 1999, UPJS 1987, 2015]
Distinguish between any three of the following:

(a) Trial, Enquiry and Investigation.

(b) Complaint and Police Report.

(c) Cognizable and Non-cognizable offence.

(d) summons Case and Warrant Case [DJS 1973]

What is a ‘non-cognizable offence’? [RJS 1984]
Define cognizable offence. [RJS 1991]
Define with reference to Criminal Procedure Code—

(i) Complaint, (ii) Inquiry, (iii) Police Report, (iv) Warrant case, (v) Cognizable offence, (vi) Judicial Proceeding. [RJS 1976]

Explain—

(i) Cognizable offence

(ii) Non-bailable offence

(iii) Summons case [RJS 1977]

Describe the Cognizable and Non-cognizable offence [JJS 2019]

Law Faculty · Answer

Basis Cognizable Offence Non-Cognizable Offence Provision Section 2( c) of Cr.P.C. Section 2( l) of Cr.P.C. Definition “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 (l) “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. “First Schedule or under any other law for the time being in force” are missing in the definition of Non-Cognizable Offence. Offences other  than IPC Second part of the First Schedule of the Code deals with offences other than that of IPC and provides that if the offence is punishable with death, imprisonment for life or imprisonment for 3 years or more that offence shall be treated as cognizable offences. Second part of the First Schedule of the Code deals with offences other than 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 as non- cognizable offences. Arrest Arrest without warrant Arrest with warrant. Nature of  offences Generally cognizable offences become serious and public matters. Generally          non-cognizable offences become less serious and private matters. FIR Under section 154 FIR is registered related to cognizable offences. Information      as      to      non- cognizable cases is recorded under section 155. Power of investigation Section 156 – After recording the FIR under section 154, any officer in charge of police station may, without the order of a Magistrate, investigate any cognizable case. Section 155 - No police officer shall investigate a non- cognizable case without the order of a Magistrate having power to try such case or commit the case for trial.

Basis	Cognizable Offence	Non-Cognizable Offence
*Provision*	Section 2( c) of Cr.P.C.	Section 2( l) of Cr.P.C.
*Definition*	“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 (l) “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. “First Schedule or under any other law for the time being in force” are missing in the definition of Non-Cognizable Offence.
*Offences other than IPC*	Second part of the First Schedule of the Code deals with offences other than that of IPC and provides that if the offence is punishable with death, imprisonment for life or imprisonment for 3 years or more that offence shall be treated as cognizable offences.	Second part of the First Schedule of the Code deals with offences other than 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 as non- cognizable offences.
*Arrest*	Arrest without warrant	Arrest with warrant.
*Nature of offences*	Generally cognizable offences become serious and public matters.	Generally non-cognizable offences become less serious and private matters.
*FIR*	Under section 154 FIR is registered related to cognizable offences.	Information as to non- cognizable cases is recorded under section 155.
*Power of investigation*	Section 156 – After recording the FIR under section 154, any officer in charge of police station may, without the order of a Magistrate, investigate any cognizable case.	Section 155 - No police officer shall investigate a non- cognizable case without the order of a Magistrate having power to try such case or commit the case for trial.