Skip to main content

Cognizable and non-cognizable offence

 Cognizable and non-cognizable offences


There are many offences that are  mentioned under IPC which is covered by Criminal Procedure Code CRPC. The nature of offence is categorised based on the degree or say frequency of the offence committed . The frequency of the offence can be recognised by the punishment of the offence mentioned in the section.Here, we are talking about cognizable and non-cognizable offence in particular. Cognizable offence is defined under section 2(c) of CRPC and non-cognizable offence is defined under 2(l) of CRPC. CRPC schedule 1 explains how the offence should be categorised under cognizable or non-cognizable offence. CRPC provides the place and manner, where should the investigation and trial of an offence shall take place. Offences are Classified depending on the nature of an offence and they are as follows:

Classification of offences are as follows-

1.Bailable or non-bailable offence

2.Cognizable and non-cognizable offence

3.Compoundable and non-compoundable offence


Cognizable offence

Cognizable offences is a offence where a person can be arrested by a police officer without a warrant. All offences under cognizable offences are considered as serious in nature and of high frequency . The police officer is under legal duty to investigate the crime without the order from magistrate. All cognizable offences are non-bailable in nature. Let’s take some examples of cognizable offence:

1.Murder (IPC Section 302)

2.Rape (IPC Section 375)

3.Dowry death (IPC Section 304B) 

4.Theft (IPC Section 378)

5.Kidnapping (IPC Section 360)

In cognizable offence complaint about the crime is not necessary , hence , police has the liberty to start the enquiry immediately . Under section 154 of CRPC a police officer is bound to register an FIR in case of cognizable crime committed or complaint to the magistrate. They are mostly non-bailable offences and not every court can conduct the trial of the case.


Non-cognizable offence

Non-cognizable offence is offence where a person cannot be arrested by a police officer without a warrant. Offences under non-cognizable offences are considered non-grievous in nature. The police officer cannot take legal action without the orders from court or magistrate. Non-cognizable offences are punishable with less than three years of imprisonment or fine according to the offence committed. In Non-cognizable offence complaint about the crime committed is necessary for the police enquiry to initiate. All non-cognizable offences are bailable in nature. Let’s take some example of non-cognizable offences.They are mostly bailable offences and any magistrate or magistrate of first class can conduct the trial of the case.

1.Cheating (IPC section 415)

2.Forgery (IPC section 463) 

3.Defamation (IPC section 499)

4.Causing miscarriage (IPC Section 312)

5.Assault (IPC section 351)

In such offence the victim can only make a complaint to the magistrate.

In non-cognizable Offences there is are proper steps to be followed for an accused to be arrested. The police officer files the chargesheet in the court which is then followed by a trial. After the trial if the accused is found to be guilty then the court passes the order to issue the warrant for the accused to be arrested.
Labels:

Comments

Post a Comment

Popular posts from this blog

Concept of constitutionalism

  Concept of constitutionalism Who Started Constitutionalism? John Locke - The English Bill of Rights is a foundational constitutional document that helped inspire the American Bill of Rights. Political theorist  John Locke  played a huge role in cementing the philosophy of constitutionalism.  Constitution is a written law which describes the structure of Government, the rules according to which the Govt. must work and the boundaries within which the Govt. must work. Constitutionalism   can be defined as the doctrine that governs the legitimacy of government action, and it implies something far more important than the idea of legality that requires official conduct to be in accordance with pre-fixed legal rules. Constitution constitution is the document that contains the basic and fundamental law of the nation, setting out the organization of the government and the principles of the society. Basic norm (or law) of the state; System of integration and organi...
Post a Comment
Read more

business tips

1. Have a clear vision for your business and strive to achieve it. 2. Hire great people and give them ownership in the company. 3. Provide excellent customer service. 4. Establish yourself as an expert in your field. 5. Develop relationships with key suppliers, customers, and partners. 6. Keep track of your finances and invest in marketing and innovation. 7. Utilize digital platforms to reach a larger audience. 8. Take calculated risks and back yourself. 9. Continuously strive to improve your products and services. 10. Make customer satisfaction your priority.
Post a Comment
Read more

Effects of Non-Registration

 Effects of Non-Registration The Companies Act, 2013 evidently highlights that the main essential for any organization to turn into a company is to get itself registered. A company cannot come into existence until it gets registered. But no such obligation has been imposed for firms by the Indian Partnership Act, 1932. If a firm is not registered it does not cease to be called as a firm, it still exists in the eyes law. Certainly, such a big advantage is not absolute but is subjected to a lot of limitations which we will study further. Non-registration of a firm simply means that the business skips the formalities of incorporation and ceases to exist in the eyes of the law. section 58 of the Indian Partnership Act, 1932 deals with the procedure of incorporation. Likewise, the meaning of non-registration is the exact opposite of registration, meaning when a firm does not go through the procedure of incorporation or start carrying on activities without getting registered. Effects of ...
Post a Comment
Read more