Cognizable Offence:

Police officers have the authority to arrest without warrant and investigate without the permission of court for certain offences known as cognizable offences. These offences are typically graver and can include acts like murder, rape, and robbery etc. However, the consequences for these offenses differ depending on the particular crime and relevant laws. Punishments can range from fines to imprisonment or even the death penalty or life imprisonment, depending on the severity of the offence and the provisions of the law. According to section 2(c) of the Criminal Procedure Code, 1973, in cognizable offence a police officer may arrest without warrant.

Non-cognizable Offence:

In non-cognizable offence, a warrant is necessary for a police officer to make an arrest and court approval is required to initiate an investigation for these types of crimes. Non-cognizable offences are typically less severe than cognizable offences, but like cognizable offences, the severity of the punishment depends on the nature of the offence and relevant laws. Non-cognizable offences can result in penalties such as fines or imprisonment, with the possibility of a sentence of less than 3 years, depending on the situation and applicable legal statutes. Non-cognizable offence is defined in Section 2(I) of Criminal Procedure Code, 1973 as an offence in which a police officer has no authority to arrest without warrant.

Differences between Cognizable and Non-cognizable Offences:

The key differences between cognizable and non-cognizable offences are given below:

• Cognizable offence is defined in the section 2(c) of the Criminal Procedure Code, 1973. Non-cognizable offence is defined in Section 2(I) of Criminal Procedure Code 1973.
• In cognizable offences, a police officer may arrest without warrant, but in non-cognizable offence, a police officer has no authority to arrest without warrant.
• Cognizable offences are those in which a police officer can initiate an investigation without the need for a court order. Non-cognizable offences are those where the police officer needs court permission to initiate an investigation.
• Punishments in cognizable offence can range from fines to imprisonment or even the death penalty or life imprisonment, depending on the severity of the offence and the provisions of the law. Non-cognizable offences can result in penalties such as fines or imprisonment, with the possibility of a sentence of less than 3 years, depending on the situation and applicable legal statutes.
• Cognizable offences are typically more severe crimes such as murder, rape, robbery, etc. Non-cognizable offences are usually less severe, like hurt, wrongful restraint, public nuisance, etc.
• The punishment prescribed in cognizable offence is harsher than in non-cognizable offence.
• In cognizable offences, the police have more authority to take immediate action, include making arrests and conducting searches without a warrant. In non-cognizable offences, the police need to seek the court's permission before taking such actions.
• Victims or individuals with knowledge of a crime can directly report cognizable offences to the police through an FIR, while in non-cognizable offences FIR is not filed.
• Cognizable offences may be bailable or non-bailable, non-cognizable offences are generally bailable.
• The trial procedure for cognizable offences takes more time to complete in cognizable cases than in non-cognizable cases.
• Police maintain separate records for cognizable and non-cognizable offences due to the differences in their handling and procedures. Cognizable offences are entered into First Information Report (FIR) register, whereas non-cognizable offences are not noted in FIR, but entered in Non-Cog Register.
• Cognizable offences are usually more publicly reported due to the immediate action taken by law enforcement. Non-cognizable offences may not receive as much public attention initially, as they require court intervention for investigation and action.
• Cognizable offences invite more media attention than non-cognizable offences.
• The accused may be placed in police custody or police remand for investigation purposes if the offence is cognizable, but police remand of the accused is not possible in non-cognizable offence.
• Due to the immediate nature of cognizable offences, the police can take swift action to prevent further harm or damage. On the other hand, investigation in non-cognizable offences can be delayed as court intervention is necessary.
• Offences that are considered cognizable require significant involvement from the police during the investigation process, whereas non-cognizable offences typically rely on the complainant's cooperation and involve minimal participation from the police.
• Compounding or compromise of the case is more difficult in cognizable offences in comparison to non-cognizable offences.
• Investigation, search, and arrest in cases of cognizable offences do not mandate court permission, while in non-cognizable offences, court approval is deemed necessary for the said actions.
• The state has jurisdiction over cognizable offences, which are considered as acts that harm the government and the general public. Therefore, the prosecution of such offences is the responsibility of the government. Non-cognizable offences are private offences against another person. That is why prosecution in such crimes has to be initiated by the victims themselves.

Written By: Md.Imran Wahab, IPS, IGP, Provisioning, West Bengal
Email: [email protected], Ph no: 9836576565