CrPc Assignment

TOPIC-: Cognizable and Non-Cognizable Offence

Submitted By

MOHAMMAD ZIYA ANSARI

BALLB (HONS)
SEMESTER-VIII
ENROLLMENT NO- GI- 6492
FACULTY NO- 17BALLB-072
PROJECT

Submitted To

Zakiuddin Khairoowala SIR

Guest Faculty, Faculty of Law

Aligarh Muslim University

ALIGARH-202002 (INDIA)

2020-21

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 SYNOPSIS

1-INTRODUCTION.

2- COGNIZABLE OFFENCE.

3- NON-COGNIZABLE OFFENCE.

4- THE POWER OF POLICE OFFICERS TO INVESTIGATE

COGNIZABLE OFFENCES AND CASES

5- THE POWER OF POLICE OFFICERS TO INVESTIGATE NON-

COGNIZABLE OFFENCES AND CASES.

6- DIFFERENCE BETWEEN COGNIZABLE AND NON-COGNIZABLE

OFFENCES.

7- CONCLUSION.

8- BIBLIOGRAPHY.

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 ACKNOWLEDGEMENT

I WOULD LIKE TO EXPRESS A DEEP SENSE OF

THANKS & GRATITUDE TO MY PROJECT GUDIE ZAKIUDDIN

KHAIROOWALA SIR FOR GUIDING ME IMMENSELY

THROUGH THE COURSE OF THE PROJECT.

I ALSO THANKS TO MY SENIORS FOR THEIR MOTIVATION &

SUPPORT. I MUST THANKS TO MY CLASSMATES FOR THEIR
TIMELY HELP & SUPPORT FOR COMPLETION OF THIS PROJECT.

LAST BUT NOT THE LEAST, I WOULD LIKE TO THANKS TO ALL

THOSE WHO HELPED ME DIRECTLY OR INDIRECTLY TOWARDS
THE COMPLETION OF THIS PROJECT.

THANKING YOU

MOHAMMAD ZIYA ANSARI

BALLB-4th Year GI-6492

17BALLB-72

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1-INTRODUCTION: -

The Indian Legal System works on three types of law namely:

1. Substantive Law
2. Procedural Law
3. Evidentiary Law

The Procedural Law that is well known as Code of Criminal Procedure, 1973 is the one that deals
with the process of how a person can approach the authorities to get justice. For example: types of
offences, procedure of arrest of offender for different types of offences, procedure of investigation,
the procedure of bail provision etc.1

Offence, as defined by Merriam Webster Law Dictionary, is something that outrages moral or
physical senses. It refers to an illegal act or crime that is punishable in nature and against which
complaint can be registered by police or magistrate.

Offences can be categorized into various types, but we will particularly focus on two:

1. Cognizable Offences
2. Non-cognizable Offences

Under CrPc., Cognizable Offence is discussed under Section 154. Section 2(c) of CrPc. defines it
to be an offence in which the police officer can arrest the convict without a warrant and can start
investigation without the due permission of the court. These are the offences that are usually very
serious and generally heinous in nature. For example: Rape, murder, kidnapping, dowry death etc.
All cognizable offences are non-bailable due to their serious and heinous nature.2

1
Ayush Verma, Cognizable Offence under Code of Criminal Procedure, https://blog.ipleaders.in/cognizable-
offences-under-code-of-criminal-procedure/, Visited on- 22 April, 2021.

2
Deb, what is Cognizable and Non-Cognizable Offence in India?
https://www.lawhousekolkata.com/2019/03/09/what-is-a-cognizable-and-non-cognizable-offence-in-india/, visited
on- 22April, 2021.

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Section 2(1) of CrPc defines Non-cognizable Offence. It refers to it as an offence for which a
police officer has no authority to arrest without a warrant. These are the offences that are not
serious or usually petty in nature. For example: assault, cheating, forgery, defamation etc. Non-
cognizable offences are usually bailable because of their non-serious nature.

2- COGNIZABLE OFFENCE: -

A cognizable offence is an offence in which the police officer as per the first schedule or
under any other law for the time being in force, can arrest the convict without a warrant and
can start an investigation without the permission of the court. Cognizable offences are
generally heinous or serious in nature such as murder, rape, kidnapping, theft, dowry death
etc. The first information report (FIR) is registered only in cognizable crimes.

Under section 154 Criminal Procedure Code (CrPc), a police officer is bound to register an
FIR in case of a cognizable crime. He can also conduct some kind of preliminary inquiry
before registering the FIR. In these offences, a convict is arrested and produced before the
magistrate in the stipulated time. 3

Key Elements 4:

• Cognizable offences are those where a police officer can arrest without warrant.
• And such cases, after arrest has been made, the accused will be produced before a
magistrate, and he may require the police officer to investigate the matter.
• After investigation, if the case is made out, i.e., charge sheet filed goes against accused,
the magistrate can order for arrest.
• During the pendency of trial, bail application can be moved before the concerned
magistrate.

3 Malavika P, Cognizable and Non-Cognizable Offences, https://lawtimesjournal.in/cognizable-and-non-cognizable-

offences/, visited on 23April, 2021.

4 Difference Between Cognizable and Non-Cognizable Offences, https://lawtimesjournal.in/cognizable-and-non-

cognizable-offences/, Visited on- 11:35am, April 23, 2021.

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 • Cognizable offences are both bailable, and non-bailable.
Cognizable Offence means an offence which a Police Officer can arrest the accused by the First
Schedule or under any law. Cognizable Offences are the offence in which a police officer can
arrest a person or accused without warrant. The offences that come under cognizable cases are
more serious in nature. Murder, Culpable Homicide and rape are categorized into the cognizable
offences. If a police officer in charge gets information of commission of the cognizable offence,
he has to record first information and required to register the case to start the investigation. The
police officer-in-charge can investigate without any prior order from the court.

In the case, Vadlamudi Kutumba Rao, it was held that in order to be a cognizable case it would
be enough that one or more offences should be cognizable and there can be no case under code
which is partly non-cognizable.

Examples of Cognizable Offences: -The Following are the examples of cognizable offences:

• Murder
• Rape

• Kidnapping

• Dowry Death

• Theft

• Culpable Homicide

• Waging War

• Unnatural Offences.

3- NON-COGNIZABLE OFFENCE:

A non-cognizable offence is the offence listed under the first schedule of the Indian Penal Code
and is bailable in nature. In case of a non-cognizable offence, the police cannot arrest the accused

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without a warrant as well as cannot start an investigation without the permission of the court.
The crimes of forgery, cheating, defamation, public nuisance, etc., fall in the category of non-
cognizable crimes5.

In this type of crimes, a criminal complaint is lodged with the metropolitan magistrate who is
supposed to order the concerned police station to initiate an investigation. The police officer is
supposed to file the charge sheet with the court which is followed by a trial. After the trial, if the
accused is found guilty, the court passes the order to issue the warrant to arrest the accused.

An offence in which a police officer is not empowered to arrest the accused without a warrant. If
a police officer. The non -cognizable offences are minor offences. Assault, causing simple hurt
are some of the non- cognizable offences. The police in charge of the police station can record
the F.I.R only with the prior permission from the Magistrate.

Example: -The following are the examples of non-cognizable offences:6

• Assault

• Causing Simple Hurt

• Cheating

• Forgery

Non-cognizable offence is the offence listed under the first schedule of the Indian Penal Code
and is bailable in nature. In case of a non-cognizable offence, the police cannot arrest the
accused without a warrant as well as cannot start an investigation without the permission of
the court. The crimes of forgery, cheating, defamation, public nuisance, etc., fall in the
category of non-cognizable crimes.

5
Supra Note-3.
6
Ibid.

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In this type of crimes, a criminal complaint is lodged with the metropolitan magistrate who is
supposed to order the concerned police station to initiate an investigation. The police officer
is supposed to file the charge sheet with the court which is followed by a trial. After the trial,
if the accused is found guilty, the court passes the order to issue the warrant to arrest the
accused.7

Key Elements:8

• Non cognizable offences are those, where a police officer cannot arrest without a warrant.
• In such offences for arrest, all the steps have to be followed like
o Filing of complaint/F.I.R.
o Investigation
o Charge sheet,
o Charge sheet to be filed in court
o Trial
o Final order of arrest if case has been made out.

4- THE POWER OF POLICE OFFICERS TO INVESTIGATE

COGNIZABLE OFFENCES AND CASES: -

Section 156(3) CrPc provides power to a police officer to investigate into a cognizable offence.
The police officer has the authority to start an investigation of the cognizable offence without the
order of a Magistrate. And also, a Magistrate who empowered under Section 190CrPc can order
a police officer in charge to investigate any cognizable offences. In the case, Seema Devi v. the
State of U.P, it was held that it is the primary duty of the police officer in charge of station to
register First Information Report (F.I.R) and if the police in charge not recorded the F.I.R, then
the Magistrate has the power to issue directions under Section156(3) to register and investigate
the case.9

7
Supra Note- 2
8
Ibid
9
Supra Note-4.

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In the case, Tula Ram v. Kishore Singh, it was held that a magistrate can order investigation
under Section156(3) only at the pre cognizance stage. In the case Mohammed Yousaf v. Afaq
Jahan it was held that the police officer has to register an FIR when the investigation is ordered
by Magistrate under Section 156(3).

A Cognizable offence is an offence in which a police officer can arrest without warrant and
without orders of a magistrate in accordance with a first schedule or any other law time being in
force. The Cognizable offences are serious in nature such as Rape, Murder, Dowry death,
Kidnapping, Theft, Criminal Breach of Trust, Waging or attempting to wage war or abetting the
waging of war against the government in India.

In these types of offences, a police officer can arrest immediately once the offence is committed.
He can also conduct a preliminary inquiry before registering FIR police can make an arrest and
produce before a magistrate. In Lalitakumaraiv Government of U.P, The Supreme court of India
held that the police must compulsorily register the FIR on receiving a complainant if the
information discloses a cognizable offence and no preliminary inquiry is permissible in such
situation. According to Section 156(3) Criminal Procedure Code, any magistrate empowered
under section 190 of the Criminal Procedure Code can order a police officer in charge of a police
station to investigate cases.10

The Officer in charge of Police also has power for Medical Examination of the victim of rape.
Under Section 167 of the Criminal Procedure Code Where an investigation is not complete
within 24 hours. Police custody is given a maximum of up to 15 days. This is called as Police
custody or else the Police custody is beyond 15 days and if the reasonable grounds to be satisfied
the detention should not exceed 90 days only the offences relate to the most serious crime
punishments like punishable with death, life imprisonment, or 10 years imprisonment and also
detention should not exceed 60 days in case of other offences.

10
Supra Note-1.

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5- THE POWER OF POLICE OFFICER TO INVESTIGATE NON-
COGNIZABLE OFFENCE: -

By Section 155 of the Criminal Procedure Code, it provides a police officer cannot record F.I.R
without the permission of the Magistrate. A Magistrate gives the order to a police officer to
investigate the non-cognizable offence after receiving the order police officer exercise the power
to the investigation. A police officer in certain circumstances can investigate non-cognizable
offences. For example, in case of an offence under the Opium Act, a police officer can arrest
without warrant if accused not furnishing the security required.11

In the case Adesh Kumar Gupta v. CBI it was held that after receiving the complaint on non-
cognizable offence, the police officer in charge is required to record the said information in a
book kept for such purpose and then refer the informant to Magistrate.

In the case Kaithiravan v. Commissioner of Police, it was held in the case that, the police
officer in charge of receiving non- cognizable offence complaint has to follow the provisions
under Section 155 of CrPc.

According to section 2(l), Non-Cognizable offence means an offence for which means a case in
which, a police officer has no authority to arrest without warrant. A police officer cannot arrest
the accused without a warrant and cannot start an investigation. The officer in charge of police
should take an order under section 155(2) from the magistrate. The crimes are Assault, forgery,
cheating, Defamation and public nuisance etc. are comes under non-cognizable offences. In such
offences, the following steps has to satisfied for making arrest such as Filing of Complainant,
Investigation, Charge sheet, Charge sheet to be filed in court and trial. The aggrieved party has to
lodge the complaint in the concerned police station to initiate an investigation. Once the
investigation is complete the police officer is supposed to file the charge sheet in the court. The

11
Ibid.

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police officer has to collect the deficient evidence in the form of documents after the trial the
court will pass orders regarding the issues of a warrant to arrest the accused.12

6- DIFFERENCE BETWEEN COGNIZABLE AND NON-COGNIZABLE

OFFENCES: -

Cognizable Non-Cognizable

It is the offence in which a police officer It is the offence in which a police officer
can arrest the convict without the warrant. cannot arrest a person without the warrant.

The police can start a preliminary The police officer cannot start the
investigation without the permission of investigation without the permission of the
the court or without registering the FIR. court.

These are heinous crimes like murder, These crimes are not so serious like forgery,
rape, dowry death etc. cheating, defamation etc.

The victim can file an FIR or make a The victim can only make a complaint to
complaint to the magistrate. the magistrate.

It is defined in the Section 2(c) of the It is defined in Section 2(I) of Criminal

Criminal Procedure Code, 1973. Procedure Code 1973.

The police officer is bound to register the The police officer is not bound to register
FIR even without the permission of the FIR or cannot register the FIR without
Magistrate. prior permission of the magistrate.

12
Ibid.

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 It is a non-bailable offence. It is a bailable offence.

7- CONCLUSION: -

The role of the police is pivotal while exercising the power of police should be in honest and
genuine and not in arbitrary. If information of cognizable offence is received by the police
officer immediately, he should file an FIR without any delay because the state has a duty to take
cognizance the commission of cognizable case. The police officer has to maintain law and order
in society. The mere registration of FIR is not enough when the cognizable offence occurs the
crime should be investigated in a proper manner. The separate FIR department should establish
because of the political influence over the police results into the favour of accused and injustice
to aggrieved parties. In non-cognizable offence, the public and voluntary agencies can help the
victim in getting FIR lodged. There should be no partial difference between Cognizable and
Non-cognizable offence and should be made compulsory registration of all crimes.

8- BIBLIOGRAPHY: -

• Ayush Verma, Cognizable Offence under Code of Criminal Procedure,

https://blog.ipleaders.in/cognizable-offences-under-code-of-criminal-procedure/

• Deb, what is Cognizable and Non-Cognizable Offence in India?

https://www.lawhousekolkata.com/2019/03/09/what-is-a-cognizable-and-non-

cognizable-offence-in-india/

• Malavika P, Cognizable and Non-Cognizable Offences,

https://lawtimesjournal.in/cognizable-and-non-cognizable-offences/

• Difference Between Cognizable and Non-Cognizable Offences,

https://lawtimesjournal.in/cognizable-and-non-cognizable-offences/

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