2019

Jamia
millia
islamia
university

On the Topic

“cognizable and non cognizable offences”

SUBMITTED TO: SUBMITTED BY:

Dr. Asad Malik Chetan Singh
BA.LLB.(Hons)
Roll no. 8
ACKNOWLEDGEMENT
I would like to express my special gratitude to my teacher
Dr. Asad Malik sir who gave me the golden opportunity
to do this wonderful project on the topic “cognizable and
non cognizable offences” which also help me in doing a
lot of research and I came to know about so many new
things and proper understanding of various concepts.

I am really thankful to him. Secondly, I would also like to

thank my parents and friends who helped a lot in
finalizing this project within the limited time frame.
 INDEX
S. PARTICULARS PAGE NO.
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RESEARCH METHODOLOGY
Method of Research
The researcher has adopted a purely doctrinal method of research. The
researcher has made extensive use of the library at the Jamia Millia Islamia
University and also the internet sources.

Aims and Objectives

The aim of the project is to present a detailed study of the “Cognizable and non
cognizable offences”.

Scope and Limitations

The project deals with cognizable and non cognizable offences in Code of Criminal
procedure and Indian Penal Code.

Sources of data
The following secondary sources of data have been used in the project:
(a) Books
(b) Websites

Method of Writing
The method of writing followed in course of this project work is analytical.
Chapter 1 INTRODCUTION

Criminal law is considered to be one of the important branches of the judiciary

system. From the beginning of the human civilization the human society has
prescribed a code of conduct for its members. Any act or anti-social behavior
which will violate the code of conduct and will reduce human happiness is
considered as crime. But violations are bound to occur and crime is inevitable. It is
the responsibility of the state to protect the members of the society from any
antisocial behavior and hence the state makes criminal laws with the object to
protect the society from the criminals. The Criminal law occupies a predominant
place among the agencies of social control. But when a person commits a crime he
is not automatically punished or he himself will not come and confess that has
committed a crime and accept punishment. There must be a procedure to enforce
the criminal law. The offender must be brought before the court and his guilt must
be proved. For this process the procedural criminal law is necessary. The Criminal
Procedure Code is designed to look after the process of the administration and
enforcement of the Criminal law. The Criminal procedure is an inseparable part of
the penal law. Without the Criminal procedure code the substantive criminal law
will become worthless and meaningless. Our law of criminal procedure is mainly
contained in the code of criminal procedure 1973. It provides the machinery for the
detection of crime, apprehension of suspected criminals, collection of evidence,
determination of the guilt or innocence of the suspected person and the imposition
of suitable punishment on the guilty person.
Anyone who has a rudimentary knowledge of criminal law will know that it deals
with what amounts to an offence and what are the penalties associated with such
offences. However, the nature of most criminal punishment is such that it confines
the individual liberty of a person. Imprisonment, if illegal, violates some of the
most basic freedoms and rights associated with a democracy. Thus, we need a law
that sets the state’s machinery running with respect to enforcing law and order and
imparting justice, and regulates the procedure followed by these institutions.1

The Criminal procedure code refers to the working of these institutions for the
entire time period between when a crime has been committed until the time the

1
http://www.helplinelaw.com/employment-criminal-and-labour/CCPC/cognizable-offence-criminal-procedure-
codecrpc.html
sentence against the crime is passed and the case is closed. It refers to the
machinery to be adopted by the State when a violation of the penal law, i.e.,
offence under the Indian Penal Code, has been detected or reported. It also lays
down the principles and procedure that must be followed while prosecuting and
adjudicating other claims. The investigation, inquiry and trial of the other offences
are also governed by these provisions, subject to any other law that may be in force
which regulates the manner of investigation, inquiry or trial of the matter.

What is an Offence?
An offence is a transgression of the law, by action or omission. That means there
may be some cases where the law requires you to abstain or refrain from
performing a particular act. There may also be cases where the law requires you to
take a positive action, failing which you may be held liable for the offence
Civil offences are against private persons (individuals like you and me) but
criminal offences are against the State. The State, represented by the Prosecutor,
will argue the case against the defendant. So now, the prosecutor will make the
case against the suspect, by submitting the issue sheet (pleadings) and necessary
evidences.
The current classification of offences has been a major cause for the high incidence
of arbitrary and unnecessary arrest in our country. The scheme of classification is
outdated and redundant.

There is a serious need for revaluation for the classification between cognizable
and non-cognizable and bailable and non-bailable offences. The nature and
quantum of punishment attached to these offences also needs to be revaluated. It is
not that the idea for reclassification has never come up before, but given the
present situation of our judicial system, it becomes all the more relevant that it be
done now. For instance, many minor offences against property are still classified as
non-bailable, whereas it is evident that classifying them as compoundable offences
and relying on methods such as `plea-bargaining’ may be more effective and
agreeable to address the injury caused by the same.
Types of offences
(a) Bailable and non bailable offences.
(b) Cognizable and non cognizable offences.

Bailable and Non-Bailable

The Code has classified certain offences as bailable. In such instances, the suspect
may pledge some property with the Court and be released from jail on the
condition that he will appear for the trial. Any offence that has not been classified
as such is a non-bailable offence.
Cognizable and Non-Cognizable
An arrest is a violation of the liberty of the suspect in connection with an
investigation or prevention of crime. Since it affects the fundamental rights of the
individual, the police need a warrant from a magistrate that allows them to arrest
the person. (This warrant is granted on grounds of ‘probable cause’)
There are some offences, however, that do not require the police to procure a
warrant before making an arrest, and these are known as cognizable offences and
are specified in the Schedule to the Code.

Crime in india : trends and patterns

One salient characteristic of india is its rapid population growth . it could be
expected that population growth would be accompanied by a proportionarte growth
in the crime as well. But the striking feature of the Indian crime scene is that the
crimerate has, by and large, outstripped the rate of population growth.
The period from 1976 to 1986 had witnessed political changes with far reaching
consequences for the economy, polity and society. Some of these changes are
reflected in the fluctuating crime scene as well. Acoording to ‘Crime in India –
1986’, some of the important forms of crimes showed a marked increase in 1986
over that recored in 1976. The data of the offences reflect the dramatic growth in
rape, counterfeiting, murder, culpable homicide not amounting to murder, robbery,
and cheating. The increase in the violent crimes reflects the increasing complexity
and changing dynamics of interpersonal and intergroup relationships. Some of the
crimes like murder, and some of those accompanied by the violence such as
dacoity, has social, structural and historical factors as their base. 2

Chapter 2 COGNIZABLE AND NON- COGNIZABLE OFFENCES

A cognizable offence or case is defined as the one which an officer incharge of a
police station may investigate without the order of a magistrate and effect arrest
without warrant. The police have a direct responsibility to take immediate action
on the receipt of a complaint or of credible information relating to such crimes,
visit the scene of the crime, investigate the facts, apprehend the offender and
arraign him before a court of law having jurisdiction over the matter. Cognizable
crimes are broadly categorised as those falling either under the ‘Indian Penal Code
(IPC)’ or under the ‘Special and Local Laws (SLL)’.
According to the section 2(c) of the code of criminal procedure 1973, “ cognizable
offence” means an offence for which, and “ cognizable case” means a case in
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.
Non-Cognizable crimes are defined as those which can not be investigated by
police without the order of a competent magistrate. Police do not initiate
investigation in non-cognizable crimes except with magisterial permission. First
schedule of the Cr.P.C. gives the classification of the offences of the IPC into
cognizable & non-cognizable categories. Various crimes that are being registered
and investigated by different law enforcement agencies are broadly grouped under
the following categories for statistical information system.
According to section 2(l), “ non-cognizable offence” means an offence for which,
and “non-cognizable case” means a case in which a police officer has no authority
to arrest without warrant.
Cognizable offences are usually offences which are serious in nature. Schedule 1
of the CrPC, 1973 lists the cognizable and non cognizable offences.
Cognizability in the code is not premised upon the quantum of punishment
prescribed or the gravity of the crime but upon the need to arrest the person
2
Crime in India – 1986, National Crime records bureau ministry of home affairs, government of India, pg. 1
immediately for one or the other relevant purposes viz. to prevent the person from
committing further offences, the need to reassure the public that they can feel
reassured about the effectiveness of the law and order machinery, the need of
investigation and may be, in some instances, the need to protect the offender from
the wrath of public and so on.

DIFFERNCE BETWEEN COGNIZABLE AND NON-

COGNIZABLE OFFENCES

Comparison Cognizable offence Non- cognizable offence

Meaning According to the section

According to section
2(c) cognizable offence
2(L) non-cognizable
and cognizable cases are
offences and non-
those in which policecognizable cases are
officer can arrest a those in which police
person without warrant
officer cannot arrest
without a warrant from
the magistrate.
Arrest Without warrant Requires warrant
Approval of court Not required to take Prior approval of the
approval of court court is necessary.
Offence Heinous Comparatively less
heinous.
Includes Murder, rape, theft, Forgery, cheating,
kidnapping etc. assault, defamation
Petition FIR and complaint Complaint only

Cognizable offence means an offence wherein a Police officer can arrest without
warrant. They are generally offences of serious nature like murder, kidnapping,
offences of waging or attempting to wage war, or abetting the waging of war
against the government of India, rioting armed with deadly weapon etc. The
definition given under Section 2(c) of the Criminal Procedure Code is :

" cognizable offence" means an offence for which, and" cognizable case" means a
case in 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.”
Section 41 of the Cr. PC broadly mentions the situations when police may arrest
without warrant.

Non Cognizable offence means an offence wherein a police officer cannot arrest
without warrant. This means you need to get the complaint registered, then they
will get the order from the competent magistrate to investigate, file the charge
sheet with court, trial will happen, then the court will order to issue warrant to
arrest the person (general procedure) and only after that Police will be able to
arrest the person. These offences are generally not of very serious nature like a
public servant unlawfully engaging in trade, dishonest misappropriation of
movable property, or converting it to one's own use, Obstructing public servant in
discharge of his public functions etc. The definition given under Section 2(l) of the
Criminal Procedure Code is :

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

PROCEDURE UNDER COGNIZABLE OFFENCES

 Cognizable offence means a police officer has the authority to make an
arrest without a warrant.
o The police is also allowed to start an investigation with or without the
permission of a court.
o The police can file a First Information Report (FIR) only in cases of
cognizable offences.
o Serious offences are defined as cognizable and usually carry a sentence of
3 years or more.
o The Supreme Court of India said it is mandatory for the police to register
an First Information Report for all complaints in which cognisable offence
has been discovered.

Section 154 Cr.P.C 1973 provides that under a cognizable offence the police
officer has to receive the first information report relating to the cognizable offence.
Section 154 requires that every information to an officer-in-charge of a Police
Station relating to the commission of a cognizable offence shall be reduced to
writing, and action taken on it under sections 156 and 157.
Police is empowered to register the FIR and investigate only the cognizable
offences. Police can arrest an accused involved in cognizable crime without the
warrant from the Court. Theft, robbery, murder and rape are some instances of
cognizable offences. A complaint means a grievance expressed by a person to state
certain things/facts. Any person who has a certain kind of grievance to some fact,
condition, state of affairs etc. may put a complaint to Station House Officer within
the local jurisdiction of whose police station that incident has occurred. A
complaint can be public as well as private in nature. Any person can file a
complaint and it is not necessary that only an aggrieved person can file a
complaint.
Many a times it is seen that in rape cases the victim is often not in a condition to
file a complaint due to stress and fear. In such cases, any person having knowledge
of incident like parents, relatives, friends etc. are allowed to file a complaint. A
criminal case begins from the filing of a First Information Report (FIR). It is the
first stage in criminal proceedings. Hence, the importance of a complaint
throughout the case can never be under emphasized. Many a times it is seen that a
person is unable to get justice even after setting the criminal law in motion due to
not properly mentioning/stating the relevant facts in their complaint. The same
even leads to dismissal of the case by the Courts. There are various reasons
associated with the fact that why sometimes even genuine complaints fail in the
court of law. One such reason is that most of the times the police officials on duty
at the time of registering complaint are not themselves vigilant. Second is generally
the public misses out important and relevant facts and emphasize on overstating
the true facts of the case.
Report pertaining to occurrence of a cognizable offence, received at the Police
Station is called First Information Report, popularly known as FIR. Since it is the
first information about the cognizable offence, it is called First Information report.
On receipt of this information police registers the report in a FIR Register and
begins the investigation of the crime.
 Kathiravan vs the commissioner of police3
the police officer can conduct a preliminary enquiry before registering
a case to satisfy himself regarding the genuineness of the allegations made
therein even if the complaint discloses the commission of
a cognizable offence; that the police are duty bound and it is mandatory for
them to register cases when the complaints disclose commission
of cognizable offences and that only in exceptional cases, a preliminary
enquiry can be conducted before registering a case. It is the contention of the
learned counsel for the petitioners that such cases are where the public
officials are sought to be prosecuted for dishonesty, misuse of power,

3
 corruption in discharge of their official functions or having wealth
disproportionate to their known sources of income
Provisions related to cognizable offences.
Section 154 Cr.P.C deals with Information in cognizable cases.
(1) Every information relating to the commission of a cognizable offence, if given
orally to an officer in charge of a police station, shall be reduced to writing by him
or under his direction, and be read Over to the informant; and every such
information, whether given in writing or reduced to writing as aforesaid, shall be
signed by the person giving it, and the substance thereof shall be entered in a book
to be kept by such officer in such form as the State Government may prescribe in
this behalf.
(2) A copy of the information as recorded under sub- section (1) shall be given
forthwith, free of cost, to the informant.
(3) Any person aggrieved by a refusal on the part of an officer in charge of a police
station to record the information referred to in subsection (1) may send the
substance of such information, in writing and by post, to the Superintendent of
Police concerned who, if satisfied that such information discloses the commission
of a cognizable offence, shall either investigate the case himself or direct an
investigation to be made by any police officer subordinate to him, in the manner
provided by this Code, and such officer shall have all the powers of an officer in
charge of the police station in relation to that offence.4

Section 156.5 Police officer' s power to investigate cognizable case.

(1) Any officer in charge of a police station may, without the order of a Magistrate,
investigate any cognizable case which a Court having jurisdiction over the local
area within the limits of such station would have power to inquire into or try under
the provisions of Chapter XIII.
(2) No proceeding of a police officer in any such case shall at any stage be called
in question on the ground that the case was one which such officer was not
empowered under this section to investigate.
(3) Any Magistrate empowered under section 190 may order such an investigation
as above- mentioned.

Section 1576 Procedure for investigation preliminary inquiry.

4
Section 154 of the code of criminal procedure, 1973
5
Section 156 of the code of criminal procedure, 1973
6
Section 157 of the code of criminal procedure, 1973
(1) If, from information received or otherwise, an officer in charge of a police
station has reason to suspect the commission of an offence which he is empowered
under section 156 to investigate, he shall forthwith send a report of the same to a
Magistrate empowered to take cognizance of such offence upon a police report and
shall proceed in person, or shall depute one of his subordinate officers not being
below such rank as the State Government may, by general or special order,
prescribe in this behalf, to proceed, to the spot, to investigate the facts and
circumstances of the case, and, if necessary, to take measures for the discovery and
arrest of the offender; Provided that-
(a) when information as to the commission of any such offence is given against
any person by name and the case is not of a serious nature, the officer in charge of
a police station need not proceed in person or depute a subordinate officer to make
an investigation on the spot;
(b) if it appears to the officer in charge of a police station that there is no sufficient
ground for entering on an investigation, he shall not investigate the case.
(2) In each of the cases mentioned in clauses (a) and (b) of the proviso to sub-
section (1), the officer in charge of the police station shall state in his report his
reasons for not fully complying with the requirements of that sub- section, and, in
the case mentioned in clause (b) of the said proviso, the officer shall also forthwith
notify to the informant, if any, in such manner as may be prescribed by the State
Government, the fact that he will not investigate the case or cause it to be
investigated.

First Information Report (FIR):-

The information given to the police officer and reduced to writing as required
under section 154 of the Code of Criminal Procedure is known as First
Information Report. It is the information of the commission of a cognizable
offence within the knowledge of the informant. The principle object of the FIR
from the point of view of the information is to set the criminal law in motion and
from the view point of the investigating authorities is to obtain information about
the alleged criminal activity so as to be able to take suitable steps to trace and bring
to book the guilty.
FIR, only allowed in respect of the cognizable offence:-
First Information Report is required to be the infoemation of the commission of the
cognizable offence whereas the Police officer can arrest the alleged criminal
without the warrant of Magistrate according Coloum three Schedule II of the Code
of Criminal Procedure. Resting upon the FIR, the Police Officer will start a
General Register Case through investigation and arresting the culprits.
Evidentiary Value of FIR:-
FIR is not the substantive piece of evidence and it is not the total encyclopedia of
the entire case rather is valuable for corroborating or contracdicting the maker
under section 157 and 145 and other sections so relevent here of the Evidence Act
. FIR being the earliest record of case, has got much importance enabling the court
to see what the prosecution case when the trial is to be started and to check up the
subsequent embellishment or any departure.

In the landmark judgement of

 Lalitha kumari vs state of UP7
The court held that If the inquiry discloses the commission of a cognizable
offence, the FIR must be registered. In cases where preliminary inquiry ends
in closing the complaint, a copy of the entry of such closure must be
supplied to the first informant forthwith and not later than one week. It must
disclose reasons in brief for closing the complaint and not proceeding
further.
Requirements of FIR:-
The following are the requirements of the FIR, namely-
(a) Shall be reduced in writing.
(b) Shall be signed.
(c) Entering the information in the Police Station book as reruired u/s 44 of the
Police Act,1861.

Contents of FIR:-
There are no hard and fast requirements in respect of the contents of FIR. Though
having no such requirments the following ingredients are to be incorporated in the
writing of a FIR, namely-
(a) Addressing to the Officer-in-charge of the Police Station.
(b) Date and time of the commission of the offence.

7
2013 case which laid down guidelines in arrest in cognizable offences.
 (c) Place of the commission of the offence.
(d) Manner of commission of the offence.
(e) Signature of the informant/maker.

What is taking cognizance has not been defined in the code, but it simply means
to be aware and when taken in context of a judge it means “to take judicial notice”.

 The magistrate takes cognizance when he applies his mind to a suspected

commission of an offence with the purpose of proceeding to take steps under
Section 200,202 or 204 towards the inquiry or trial.
 The magistrate does not take cognizance when he applies hs mind for the
purpose of some other thing eg. Ordering an investigation under section
156(3) or issuing a search warrant for the purpose of investigation.
 The presumption under section 156(3) is that the information of a cognizable
case has come already directly to the magistrate. He can now do two things.
He can send it fro investigation to the police, the inference of which is that
he has not taken cognizance of the complaint. If he chooses to apply his
mind and go through the processes mentioned under section 200-204e
dealing with the examination of the complaint, postponement of the issue of
process etc.
 Under section 156(3)- the police will then submit a report to the magistrate
and he can THEN choose to take cognizance of the report under Section
190(1)(b) and issue directions for the process to begin. His conclusion does
not depend on what the police have recommended. He can take cognizance
of the information in the police report under Section 190(1)(b) even if the
police themselves recommend that there is no grounds for proceeding.
CONCLUSION
One of the basic steps in any criminal case is taking cognizance of such
actions. Only after taking the cognizance of offences, the judiciary comes into
picture. If we apply the dictionary meaning it simply refers to becoming
aware or getting the knowledge of any such offences. This was also enunciated
by the apex court, in the case of R.R.Chari v. State of U.P were it defined it as
the application of judicial mind. Section 190- 199 of the Code of Criminal
Procedure, 1973 describe the methods by which, and the limitations subject to
which, various criminal courts are entitled to take cognizance of offences.
Section 190 (1) states about the powers and conditions under which any
magistrate of first and second class specifically empowered in this behalf can
take cognizance. However if a magistrate in good faith erroneously take
cognizance of offence, such proceeding would not become void per se subject
to the condition that it was done upon information received or upon his own
knowledge. Section 191 also gives the power to transfer the case. This has been
broadly given to the accused, Chief Judicial Magistrate and the magistrate.
But there are certain cases which are exclusively triable by Court of Session
according to S.26 read with the First Schedule. The Magistrate taking
cognizance of such offence is required to commit the case for trial to the Court
of Session after completing certain preliminary formality. And lastly section
195-199 puts the limitation on taking cognizance by magistrate. Thus we
conclude that this power has been delicately balanced between the hands of
judiciary and the common man.’