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Difference between cognizable and non-cognizable offences
By - Vaibhav Shukla
Introduction
The word ‘Offence’ is defined in section 40 of the Indian Penal Code 1860 and Section 2(n) of the Code of Criminal Procedure 1973 with which one must understand that any act or omission of any act which is made punishable under aforementioned acts will be termed as offence.
Offence is further classified upon its nature and gravity under the following heads-
Cognizable and Non Cognizable offence
Bailable and Non Bailable offence
Compoundable and Non Compoundable offence
Cognizable offence
Section 2(c) of the Criminal procedure code 1973 defines “Cognizable Offence”, offences which are serious in nature. Meaning of ‘Cognizable’ comes from the word Cognizance which means Taking note of something or having information about something.
This is a type of offence in which a police officer can arrest a person without a warrant as per the schedule 1 of the CRPC 1973 or under any law for the time being in force and also Police are bound to take the cognizance of the offence.
Examples of the offences which are cognizable in nature-
Murder (Section 302 IPC)
Rape (Section 376 IPC)
Robbery (Section 392 IPC)
Waging or attempt to wage war against government of India (Section 121 IPC)
Theft (Section 379)
Non Cognizable offence
Section 2(l) defines a “Non-Cognizable Offence” which are less serious and are not heinous in nature.
This is a type of offence where a police cannot arrest a person without a warrant as per the schedule 1 of the CRPC 1973 or under any local law or special law for the time being in force and police will make an arrest only after the permission of the concerned magistrate.
Examples of the offences which are Non Cognizable in nature-
Simple Hurt (Section 323 IPC)
Causing Miscarriage (Section 312 IPC)
Cheating (Section 417 IPC)
Defamation (Section 500 IPC)
Insult to provoke breach of peace (Section 504 IPC)
Procedure followed in Cognizable Cases
First Information Report
FIR is first information given to a police officer of an offence, FIR is recorded under the name of the officer in charge of the police station. It is not important for a person who is informing the offence to know the name of the offender; offence can be done by an unknown person also. Informants can take the copy of the FIR and the copy of it is sent to the concerned magistrate and it also acts as a foundation for the prosecution case.
Report to magistrate
After a cognizable case has been reported, the officer in charge of the police station reports to the concerned magistrate and appoints an investigating officer for the investigation.
Investigation
Investigation in a cognizable case begins as soon as the information received and recorded by the police personnel. The officer in charge of the police station appoints an investigating officer who proceeds to the crime scene, collects evidences, records statements of witnesses
Search and Production of Documents
In a cognizable case if it is required to search certain premises or a place then a police has authority to search and collect evidence and as a part of investigation he can also order a person to produce any document which is relevant to the case.
Arrest
Arrest is detention of a person or a physical restraint as the result of an accusation made against him. In a case of cognizable offence Arrest is made right away without any delay or wait of an arrest warrant but within 24 hours police have to acquire the arrest warrant for the person in custody.
Remand
The period for a police remand is not more than 14 days, Police remand is granted when an investigation is not completed within 24 hours, the police makes a written application to the magistrate to keep the accused in police custody.
Statement of Witnesses
Statements of accused and witnesses are recorded in this stage during investigation, the persons who are included in the case are questioned and their statements are recorded.
Medical Examination
In case of cognizable offences in which there are injuries to the bodies involved such as rape, murder, molestation, grievous hurt in which it is important to determine the manner and object of the injury, medical examination is done both of the victim and the accused and it is responsibility of police officer to get it done within 24 hours of the offence reported.
Charge sheet
After the investigation by the investigating officer is completed he files a final report in which if an offence is found out then he submits a charge sheet to the magistrate of the investigation in which there is material to proceed against the accused.
Inquiry
Inquiry is a stage where a judge, if he thinks fit, can order an inquiry at his level where he can question the accused, record the statements of the witnesses, take statements of the accused and witnesses on oath.
Trial
Trial is a stage where all the evidence is submitted in the court on which the examination in chief and cross examination takes place and then after arguments the presiding judge decides the case in favor of either party.
Judgment
The Judgment comes after all the arguments and cross examination is done, it contains the points for determination and the final decision on those points and reasons for the same.
Procedure followed in Non-Cognizable Cases
Non Cognizable Report
In a non-cognizable case, as per Section 155 CrPC, A Non Cognizable report commonly known as NCR is recorded in the police station when information of non-cognizable offence is received.
Information to the magistrate
After the recording of the information in the police station, The officer in charge of the concerned police station refers the informant to the concerned magistrate.
Investigation
Investigation in non-cognizable offence begins upon receiving the order from the concerned magistrate and then officer in charge appoints an investigating officer and starts the investigation.
Recording of Statements
The persons, who are included in the case, basically the witnesses, as well as the accused, are questioned and their statements of their side of the event are recorded by the Investigating officer.
Charge sheet
After the investigation by the investigating officer is completed, the Charge sheet is filed by the Investigating officer when he has sufficient evidence against the accused.
In the non-cognizable cases above five points are different but the procedure to be followed after succeeding above mentioned stages is followed in the same manner as the cognizable cases.
Relevant Case Laws relating to Cognizable and Non Cognizable Cases
Vadlamudi Kutumba Rao vs State Of Andhra Pradesh 1961 Cri. L. J. 605
Andhra Pradesh High Court
In this case, Andhra Pradesh High Court stated that there can be no case under the criminal procedure code which is partly non cognizable. Section 155 subsection (4) clears it by stating where a case relates to two or more offences of which at least one is cognizable, the case shall be deemed to be a cognizable case, notwithstanding that the other offences are non-cognizable.
Om Prakash & Anr vs Union Of India & Anr on 30 September, 2011 Supreme Court of India
By this Judgment the Supreme court held that all offences under the Central Excise Act, 1944 and the Customs Act, 1962, are non-cognizable, No police officer in charge of a police station is entitled to investigate a non-cognizable case without the order of a Magistrate having the power to try such a case or to commit the case for trial. Furthermore, no such police officer is entitled to effect arrest in a non-cognizable case without a warrant to effect such arrest.
Lalita Kumari vs Govt.Of U.P. & Ors 2014 2 SCC 1 Supreme Court of India
In this case, the Apex court has laid down some guidelines in respect of registering and recording a complaint of cognizable offence for a police officer. Under section 154 CRPC police are bound to register F.I.R. when information about a cognizable offence is received. However the Arrest and Investigation are two different aspects and section 154 does not give police officers power to arrest without any evidence. It is further stated by the Supreme Court that Section 154 has no application in offences of Matrimonial disputes, Family disputes, Commercial offences, Medical negligence cases and Corruption cases.
Cardinal Principals to be remembered about this category of offences:
If there are two or more offences in case in which at least one is cognizable then the whole case will be dealt as cognizable case
Cognizable offence can be a bailable or a non bailable offence both.
In a non-cognizable case order to arrest is only given if the case is made out
There are no restrictions on the powers given to the police that deter arrests in cases which are cognizable in nature.
Conclusion
With this we come to a conclusion that this category of the offence plays a very major role in determining the approach to the procedure for the Police as well as the Courts. It can be presumably understood that Code of Criminal Procedure 1973 is a highly comprehensive and structured code which refers to the procedure for not only offences committed under the Indian Penal Code 1860 but also the offences mentioned in other Criminal Acts also.
References:
Code of Criminal Procedure Code 1973 by S.N. Mishra
Vadlamudi Kutumba Rao vs State Of Andhra Pradesh on 6 September, 1960
Lalita Kumari vs Govt.Of U.P.& Ors on 12 November, 2013
Om Prakash & Anr vs Union Of India & Anr on 30 September, 2011
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