Difference Between Cognizable and Non Cognizable Offence
Difference Between Cognizable and Non Cognizable Offence
Difference Between Cognizable and Non Cognizable Offence has been discussed in this article;
Cognizable Offence
Cognizable offence is serious crime where the police can arrest, investigate, or even enter private property without prior permission/order from the magistrate.
Cognizable offence is defined under Section 2(1)(o) of the BNSS, 2023. and section CrPC as “
Non Cognizable Offence
Non cognizable offence is less serious crime where the police cannot arrest, investigate, or even enter private property without prior permission/order from the magistrate. These are usually private disputes or minor criminal violations that do not pose an immediate threat to the public.
Non cognizable offence is defined under Section 2(1)(o) of the BNSS, 2023. and section CrPC as “
| Cognizable Offence | Non Cognizable Offence |
|---|---|
| 1. The definition of cognizable offence is provided under section 2(c) of the Criminal Procedure Code, 1973. | 1. The definition of non cognizable offence is provided under section 2(l) of the Criminal Procedure Code, 1973. |
| 2. Cognizable offence is defined as “Cognizable offences are crimes for which the police authority can make an arrest of a person without a warrant.” | 2. Non cognizable offence is defined as “Non cognizable offences are crimes for which the police authority can not arrest a person without a warrant or court’s permission.” |
| 3. Cognizable offences can be registered and investigated by police authorities without a warrant. | 3. Non cognizable offences require a warrant from the court to be registered and investigated by police authorities. |
| 4. The investigation procedure for cognizable offences is outlined under section 156 of CrPC. | 4. The investigation procedure for non cognizable offences is outlined under section 155 of CrPC. |
| 5. In cognizable offences, the police have the power to arrest a person without a warrant. | 5. In non cognizable offences, the police need permission/warrant of a court to arrest a person. |
| 6. The cognizable offences include; murder, rape and kidnapping. | 6. The non cognizable offences include; defamation, theft, and public nuisance. |
| 7. In cognizable offences, there is no provision for compromise between the parties involved. | 7. In non cognizable offences, there is a provision under section 320 of CrPC that the parties involved in the non cognizable offence can settle the matter through compromise. |
| 8. In cognizable offences, substantial police are involved in the investigation. | 8. In non cognizable offences, limited police are involved in the investigation. |
| 9. In cognizable offences, swift action can be taken by the police to prevent further harm. | 9. In non cognizable offence, the investigation can be delayed as court intervention is necessary. |
| 10. Cognizable offences are usually non bailable. | 10. Non cognizable offence can be either bailable or non bailable depending on the specific offence. |
| 11. In cognizable offences, the accused may be remanded into police custody for investigation purposes. | 11. In non cognizable offences, the accused is not remanded into police custody and custody matters are handled by the court. |
Frequently Asked Questions
Conclusion
Difference between cognizable and non cognizable offence is
