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Distinction Cognizable NonCognizable Notes

Cognizable offences allow police to arrest without a warrant and investigate without magistrate approval, typically involving serious crimes like murder and rape. Non-cognizable offences require a warrant for arrest and magistrate permission for investigation, usually involving less serious crimes like defamation and public nuisance. This classification balances state power and individual liberty in the criminal justice process.

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6 views2 pages

Distinction Cognizable NonCognizable Notes

Cognizable offences allow police to arrest without a warrant and investigate without magistrate approval, typically involving serious crimes like murder and rape. Non-cognizable offences require a warrant for arrest and magistrate permission for investigation, usually involving less serious crimes like defamation and public nuisance. This classification balances state power and individual liberty in the criminal justice process.

Uploaded by

ameshkumar0001
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Distinction Between Cognizable and

Non-Cognizable Offences
1. Meaning and Definition

Cognizable Offence:
Defined under Section 2(c) of the CrPC.
A cognizable offence is one in which a police officer may arrest without a warrant and start
an investigation without prior approval of a magistrate.
Generally includes serious offences such as murder, rape, theft, robbery, etc.

Non-Cognizable Offence:
Defined under Section 2(l) of the CrPC.
A non-cognizable offence is one in which a police officer has no authority to arrest without a
warrant and cannot start an investigation without the permission of the Magistrate.
Usually includes less serious offences, such as public nuisance, cheating, defamation, etc.

2. Distinction Table
Basis of Distinction Cognizable Offence Non-Cognizable Offence
Section Section 2(c), CrPC Section 2(l), CrPC
Nature Serious and heinous in Less serious in nature
nature
Examples Murder (Sec 302 IPC), Rape Defamation (Sec 500 IPC),
(Sec 376 IPC) Public nuisance (Sec 268
IPC)
Police Power Can arrest without warrant; Cannot arrest without
can investigate without warrant; needs magistrate’s
magistrate’s permission permission to investigate
First Information Report Must be registered under Police may not register FIR
(FIR) Section 154 CrPC unless directed by
magistrate
Trial by Court of Sessions Magistrate
Bail Usually non-bailable Usually bailable

3. Relevant Legal Provisions


- Section 154 CrPC – FIR in cognizable cases.
- Section 155 CrPC – Information in non-cognizable cases and police’s duties.
- Schedule I of CrPC – Classifies offences under IPC as cognizable or non-cognizable.
4. Case Laws
Lalita Kumari v. Govt. of Uttar Pradesh (2013) 7 SCC 528 – Held: It is mandatory for the
police to register an FIR for cognizable offences.

State of West Bengal v. Swapan Kumar Guha (1982 AIR 949) – Held: Police has the authority
to investigate any cognizable offence without prior approval.

M. C. Abraham v. State of Maharashtra (2003) 2 SCC 649 – Held: In non-cognizable offences,


the police must obtain permission of the Magistrate before investigating.

Nandini Satpathy v. P.L. Dani (1978 AIR 1025) – Held: Explained the safeguards available to
accused persons, especially in non-cognizable offences.

5. Examples of Offences

Cognizable:
• Murder (Section 302 IPC)
• Rape (Section 376 IPC)
• Dowry Death (Section 304B IPC)
• Kidnapping (Section 363 IPC)

Non-Cognizable:
• Public nuisance (Section 268 IPC)
• Cheating (Section 417 IPC)
• Defamation (Section 500 IPC)
• Assault (Section 352 IPC)

6. Summary
The classification of offences into cognizable and non-cognizable ensures a balance between
state power and individual liberty. It determines the extent of police intervention and the
role of the judiciary in the criminal justice process.

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