under the Criminal Procedure Code, offences can be classified on the basis of the following three

criterions;

 Cognizable and Non Cognizable offences

 Bailable and Non bailable offences
 Offences which will invoke a summons case and Offences which will invoke a
warrants case.
Now come to the differences between cognizable and non cognizable offences

DIFFERENCE BETWEEN COGNIZABLE AND NON COGNIZABLE OFFENCES

COGNIZABLE OFFENCES:

Section 2 (c) of the Criminal Procedure Code, 1973 defines Cognizable offences.

Cognizable offence/case means a case in which, a police officer may arrest without warrant, as
per the First Schedule of the Criminal Procedure Code, 1973 or under any other law for the time
being in force.

Cognizable offenses are usually offenses which are serious in nature. Like for example:

 Waging or attempting to wage war, or abetting the waging of war against the
government of India,
 Murder,
 Rape,
 Dowry Death,
 Kidnapping,
 Theft,
 Criminal Breach of Trust,
 Unnatural Offenses.
Section 154 of the Criminal procedure Code, 1973 provides that under a cognizable offence the
Police Officer has to receive the First Information Report (FIR) relating to the cognizable
offense.

NON COGNIZABLE OFFENCES:

A non-cognizable offence has been defined in Section 2(l) of Criminal Procedure Code 1973.

Non-cognizable offence means an offence for which, and `non-cognizable case’ means a case in
which, a police officer without any warrant has no authority to arrest.

Non-Cognizable offenses are not much serious in nature. Example-

 Assault,
 Cheating,
 Forgery,
Section 155 of Criminal Procedure Code 1973 provides that in a non-cognizable offense or case,
the police officer cannot receive or record the FIR unless he obtains prior permission from the
Magistrate.

In case of Non-Cognizable offence, it is important for the police officer to obtain the permission
from the Magistrate to start the investigation.

In such offences for arrest, following steps have to be followed:

1. Filing of complaint/F.I.R.
2. Investigation
3. Charge sheet,
4. Charge sheet to be filed in court
5. Trial
6. Final order of arrest if case has been made out

Bailable / non – bailable offences

The offences committed by an accused fall under two categories:

1.Bailable offences
When any person accused for a bailable offence is arrested or
detained without warrant by an officer in charge of a police station, or appears or is brought
before a Court, and
is prepared at any time while in the custody of such officer or at any stage of the proceeding
before such Court to give bail, such person shall be released on bail.
In case of a bailable offence bail is a matter of right
If such officer or Court, thinks it fit such person maybe released on a personal bond without
sureties. In case of bailable offence, one has to only file the bail bonds and no application is
required.

2.Non-bailable offences
In case a person is accused of a non-bailable offence it is a matter of discretion of the court to
grant or refuse bail and application has to be made in court to grant bail.

1. When a person accused of, or suspected of, the commission of any non-bailable offence
is arrested or detained without warrant by an officer in charge of a police station or
appears or is brought before a Court other than the High Court or Court of Session, he
may be released on bail, but –Provided that the Court may direct that a person referred to
in clause (i) or clause (ii) as above, be released on bail if such person is under the age of
sixteen years or is a woman or is sick or infirm: Provided further that the Court may also
direct that a person referred to in clause (ii) be released on bail if it is satisfied that it is
just and proper so to do for any other special reason: Provided also that the mere fact that
an accused may be required for being identified by witnesses during investigation shall
 not be sufficient ground for refusing to grant bail if he is otherwise entitled to be released
on bail and gives an undertaking that he shall comply with such directions as may be
given by the Court.
i. such person shall not be released if there appear reasonable grounds for believing
that he has been guilty of an offence punishable with death or imprisonment for
life;
ii. such person shall not be so released if such offence is a cognizable offence and he
had been previously convicted of an offence punishable with death, imprisonment
for life or imprisonment for seven years or more, or he had been previously
convicted on two or more occasions of a non-bailable and cognizable offence :

2. If it appears to such officer or Court at any stage of the investigation; inquiry or trial, as
the case may be, that there are not reasonable grounds for believing that the accused has
committed non-bailable offence, but that there are sufficient grounds for further inquiry
into his guilt, the accused shall, subject to the provision of section 446-A and pending
such inquiry, be released on bail or, at the discretion of such officer or Court, on the
execution by him of a bond without sureties for his appearance as hereinafter provided.
3. When a person accused or suspected of the commission of an offence punishable with
imprisonment which may extend to seven years or more or of an offence under Chapter 6,
Chapter 16 or Chapter 17 of the Indian Penal Code (45 of 1860) or abetment of, or
conspiracy or attempt to commit, any such offence, is released on bail under sub-section
(!), the Court may impose any condition which the Court considers necessary-
a. in order to ensure that such person shall attend in accordance with the conditions
of the bond executed under this Chapter, or
b. in order to ensure that such person shall not commit an offence similar to the
offence of which he is accused or of the commission of which he is suspected, or
c. otherwise in the interests of justice.

4. An officer or a Court releasing any person on bail under sub-section (1) or sub-section
(2), shall record in writing his or its reasons or special reasons for so doing.
5. Any Court, which has released a person on bail under sub-section (1) or sub-section (2),
may, if it considers it necessary so to do, direct that such person be arrested and commit
him to custody.
6. If, in any case triable by a Magistrate, the trial of a person accused of any non-
bailableoffence is not concluded within a period of sixty days from the first date fixed for
taking evidence in the case, such person shall, if he is if custody during the whole of the
said period, be released on bail to the satisfaction of the Magistrate, unless for reasons to
be recorded in writing, the Magistrate otherwise directs.
7. If, at any time after the conclusion of the trial of a person accused of a non-
bailable offence and before judgment is delivered, the Court is of opinion that there are
reasonable grounds for believing that the accused is not guilty of any such offence, it
shall release the accused if he is in custody, on the execution by him of a bond without
sureties for his appearance to hear judgment delive
 8. Difference between Bailable and Non-Bailable Offences
BAILABLE OFFENCES
Bailable offence means an offence which is
shown as bailable in the First Schedule or
which is made bailable by any other Law for
the time being in force[1].
Bailable offences are regarded as less grave
and less serious.
Under bailable offences, bail is claimed as a
matter of right.
9. Difference between Cognizable and Non-Cognizable Offences
COGNIZABLE OFFENCE
Cognizable offence means an offence for
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[3].
For cognizable Offences, a Police Officer can
take cognizance without permission or order
from the Magistrate.
If among two or more offences one offence is
cognizable then the whole case shall be deemed
to be a cognizable case.
Cognizable offences are offences for which
punishment is imprisonment for 3 years or
more (First Schedule).
NON-BAILABLE OFFENCE
Non-Bailable Offence means any other
offence[2].
Bailable offences are grave and serious
offences, For example- offence of murder.
Under Non-bailable offences, bail is a matter of
discretion.
NON-COGNIZABLE OFFENCE
Non-cognizable offence means an offence for
which a Police officer has no authority to arrest
without warrant.[4]
For non-cognizable Offences, a Police Officer
cannot take cognizance without permission or
order from the Magistrate.
If among two or more offences one offence is
non-cognizable then the whole case shall not be
deemed to be a non-cognizable case.
Non-cognizable offences are punishable with
imprisonment for less than 3 years.
COMPOUNDABLE AND NON COMPOUNDABLE OFFENCES

Criminal offences can also be classified as compoundable and non-compounable

offences.

COMPOUNDABLE OFFENCES

Compoundable offences are those offences where, the complainant (one who has filed the
case, i.e. the victim), enter into a compromise, and agrees to have the charges dropped
against the accused. However such a compromise, should be a "Bonafide," and not for
any consideration to which the complainant is not entitled to.

Application for compounding the offence shall be made before the same court before
which the trial is proceeding. Once an offence has been compounded it shall have the
same effect, as if, the accused has been acquitted of the charges.
The code of criminal procedure lays down, i.e. bifurcated, the offences, which are
compoundble, and which are non-compoundable.

NON COMPOUNDABLE OFFENCES

There are some offences, which cannot be compounded. They can only be quashed. The
reason for this is, because the nature of offence is so grave and criminal, that the Accused
cannot be allowed to go scot-free. Here, in these types of cases generally, it is the "state",
i.e. police, who has filed the case, and hence the question of complainant entering into
compromise does not arise.
All those offences, which are not mentioned in the list under section (320) of CrPC, are
non-compoundable offences.

EXAMPLES OF COMPOUNABLE OFFENCES:

 Uttering words etc, with deliberate intent to wound the religious feelings of any
person causing hurt.
 Criminal or house trespass
 Criminal breach of contract of service.
 Printing or engraving matters, knowing it to be defamatory.
 There are some offences, which although are compoundable, but, they can be
compounded only with the permission of the court.
 These offences should be compounded before trial begins.
 Also where accused has already been convicted, and an appeal is pending,
permission of the court is required for compounding of such offences.
 The reason for seeking permission of the court, is that these offences are
grievous in nature, and are bad example in society
EXAMPLE OF NON COMPOUNDABLE OFFENCES (WHERE PERMISSION
OF COURT IS REQUIRED)
 Voluntarily causing hurt by dangerous weapons or means.
 Causing grievous hurt by doing on act so rashly and negligently as to endanger
human life or the personal safety of others.
 Wrongfully confining a person for three days or more.
 Assault or criminal force to woman with intent to outrage per modesty.
 Dishonest misappropriation of property.
 Criminal breach of trust by a cannier--- wharfinger-- etc, where the value of the
property does not exceed two hundred and fifty rupees.
 Cheating and dishonestly inducing delivery of property or the making, alteration
or destruction of a valuable security.
 Fraudulent execution of deed of transfer containing false statement of
consideration.
 Mischief by killing or maiming cattle etc of any value of fifty rupees or
upwards.
 Counterfeiting a trade or property mark used by another.
 Uttering words or sounds or making gestures or exhibiting any object intending
to insult the modesty of a woman or intruding upon the privacy of a woman.