Article written by Advocate Alpa Jogi on Diference between Cognizable and Non Cognizable offences
Cognizable Offence:
Offences that are punishable with not less than 3 years of imprisonment are serious offences and are considered cognizable. The Criminal Procedure Code, 1973 (CrPC) under Section 2(c) states that an offence that is punishable with death, imprisonment for life, or imprisonment for more than 3 years shall be cognizable. Cognizable offences are those in which the police can arrest the accused without a warrant. The police can also begin an investigation without the permission of the court. The accused is arrested and produced before the court at the stipulated time.
Non-Cognizable Offence:
An offence that is less serious in nature is considered non-cognizable. Section 2(l) of the CrPC defines non-cognizable offences as those in which the police have no authority to arrest without a warrant. These are mentioned in the first schedule of the Indian Penal Code and are bailable. In these offences, the police cannot arrest the accused without an arrest warrant and cannot start an investigation without the permission of the court.
Diference between Cognizable and Non Cognizable offences:
| Sr. No. | Basis | Cognizable | Non-Cognizable |
| 1 | Meaning | Cognizable offences are those in which the investigating authority can arrest the accused without an arrest warrant. | Non-cognizable offences are those in which the investigating authority cannot arrest an accused without an arrest warrant. |
| 2 | Permission of court | Not required, investigation can be initiated as soon as an FIR is filed. | Required, investigation can begin only after the court issues an order. |
| 3 | Severity of crime | Cognizable offences are serious crimes. | Non-cognizable offences are less serious. |
| 4 | Examples | Murder, theft, kidnapping, etc. | Assault, cheating, defamation, etc. |
Note : Above information is in general form, issued with a motive to help. Author disowns any kind of liability.
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