Distinction Between Cognizable offence and Non-Cognizable Offence
Offence:
The definition the ‘offence’ has been given under three parts under Indian Penal Code.
The first part said ,
a thing which is made punishable by the Indian Penal Code is an offence. The use of the words ‘a thing’ has been objected to on the ground that ‘a thing’ cannot be made punishable and, therefore, ‘a thing’ must mean an act or a series of acts, or an illegal omission or a series of illegal omissions.
The Second part said,
some chapters and sections have been specifically mentioned in which the word ‘offence’ denotes a thing which the Indian Penal Code or any special or local law punishes.
And in section 141, 176, 177, 201, 202, 212, 216, and 441, the word “offence” has the same meaning when the thing punishable under the special (Sec. 41) or local law Sec 42) is punishable under such law with imprisonment for a term of six months or upwards, whether with or without fine.
An offence can be classified as a cognizable offence and non-cognizable offence.
Section 2 (c) of the Criminal Procedure Code, 1973 defines Cognizable offences.
A cognizable offence is an offence in which the police officer as per the first schedule of the act or under any other law for the time being in force, can arrest the accused without a warrant.
Under section 154 Criminal Procedure Code (CrPC), a police officer is bound to register an FIR in case of a cognizable crime.
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 without a warrant
Difference between Bailable offence and Non-Bailable offence
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S.no
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Cognizable Offence
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Non-Cognizable Offence
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1.
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All serious offence are cognizable
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Non-Cognizable offence are more trivial & less serious than cognizable case
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2.
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Offence under laws other than Indian Penal Code which are punishable with 3 years imprisonment or more.
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Those punishable with less than 3 years or with fine.
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3.
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A cognizable offence is a criminal offence in which the police is empowered to register an FIR, investigate, and arrest an accused without a court issued warrant.
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A non-cognizable offence is an offence in which police can neither register FIR, investigate, nor effect arrest without warrant.
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4.
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They are considered public wrongs, prosecution of offender is left to imitative and efforts of the state.
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They are considered private wrongs, prosecution of offender is left to initiative and efforts of private citizens.
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