Caveat India

What is the difference between Cognizable and Non Cognizable offence?

What is the difference between Cognizable and Non Cognizable offence? The Main difference lies in the fact that in Cognizable offences           police can arrest without warrant  and in case of Non Cognizable offences Police cannot arrest without a warrant issued by the Court.

Definition of  Cognizable offences  is found under  Section 2(g) of the Bharatiya Nagarik Suraksha Sanhita (BNSS),2023

Definition of Non Cognizable offences is found under  Section 2(o) of the Bharatiya Nagarik Suraksha Sanhita (BNSS),2023

Main differences between Cognizable and Non Cognizable offence

 Cognizable    Offences                                                                                               Non Cognizable offences

 Firstly arrests can be made without warrant by police                                                  Warrant essential before arrest

Investigation can be initiated without permission from court                            Investigation only after court passes order
as soon as FIR is registered

    Involves Serious Crimes    like Murder etc.                                                          Less Serious Crime like defamation etc.

Cognizable offenses, as defined by Section 2(g) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), empower the police to arrest the accused without a warrant or magistrate approval.

Conclusion for What is the difference between Cognizable and Non Cognizable offence?

The Police officer before whom a complaint of an offence is informed and it appears to be a cognizable offence then the concerned police officer is bound to register an FIR and proceed ahead with arrest without any preliminary enquiry.  In case the Police officer refuses to register FIR then one may approach the Superintendent of Police for registration of FIR in cognizable offences under Section 173(4) of the Bharatiya Nagarik Suraksha Sanhita (BNSS),  which was earlier Section 154(3) of the Code of Criminal Procedure (CrPC).

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