Cognizable and Non-Cognizable Offences
Cognizable vs. Non-Cognizable Offences
COGNIZABLE
Police may arrest WITHOUT a warrant.
These are serious offences where immediate police action is required.
NON-COGNIZABLE
Police CANNOT arrest without a warrant.
These are less serious offences requiring a Magistrate’s permission to investigate.
Statutory Definitions: Section 2
Cognizable Offence (Sec 2(g))
An offence for which a police officer may, in accordance with the First Schedule or under any other law, arrest without warrant.
Non-Cognizable Offence (Sec 2(o))
An offence for which a police officer has no authority to arrest without warrant.
Key Differences at a Glance
| Feature | Cognizable Offence | Non-Cognizable Offence |
|---|---|---|
| Nature of Crime | Serious, heinous (e.g., Murder, Rape) | Less serious, private wrongs (e.g., Defamation) |
| Registration | FIR (First Information Report) under Sec 173 | NCR (Non-Cognizable Report) under Sec 174 |
| Investigation | Starts immediately without court permission | Requires Magistrate’s order to begin |
| Magistrate’s Role | Informed after FIR / Arrest | Must authorize police to act first |
Procedural Flow
Cognizable Offence Procedure
Report & FIR (Sec 173)
Information recorded as FIR. (Includes e-FIR and Zero FIR).
Preliminary Enquiry? (Sec 173(3))
For 3-7 year offences, police may conduct a 14-day enquiry *before* FIR.
Investigation (Sec 176)
Police investigate immediately. (Mandatory forensics for 7+ year offences).
Arrest (Sec 35)
Police can arrest the accused without a warrant.
Examples
- 🔴 Murder (Sec 103 BNS)
- 🔴 Rape (Sec 64 BNS)
- 🔴 Kidnapping (Sec 137 BNS)
- 🔴 Dowry Death (Sec 80 BNS)
Non-Cognizable Offence Procedure
Report & NCR (Sec 174)
Information recorded in station diary (NCR).
Refer to Magistrate
Police refer the informant to the Magistrate. Police cannot act.
Magistrate’s Order
If Magistrate orders, police are empowered to investigate.
Arrest?
Police still require a specific warrant to make an arrest.
Examples
- 🔵 Defamation (Sec 356 BNS)
- 🔵 Voluntarily Causing Hurt (Sec 115 BNS)
- 🔵 Forgery (Sec 336 BNS)
- 🔵 Cheating (Sec 318 BNS)
New & Notable BNSS Provisions
Preliminary Enquiry Window
(Sec 173(3)) For offences punishable 3-7 years.
Mandatory Forensics
(Sec 176) For serious offences.
The “Mixed Case” Rule (Sec 174(4))
If a case has multiple offences, and at least one is Cognizable, the entire case is treated as Cognizable.