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RAHUL GUPTA (MANAGER)     15 November 2021

Is a non- cognizable offence bith a public wrong and private

Please confirm if a Non- Cognizable offence is a Private Wrong Or a Public Wrong ? 

 

This question was asked in AIBE-VI Exam Oct 2021. 



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 3 Replies

Kevin Moses Paul   16 November 2021

As per your concern let me inform you that a Cognizable offences are considered to be public wrongs and hence require strict and stringent acton to be taken by the State, whereas non cognizable offences are considered to be private wrongs and so their prosecution is left to be initiated by the private person against whom such harm has been inflicted upon.

Regards,
Kevin M. Paul

RAHUL GUPTA (MANAGER)     20 November 2021

Dear Kavin, I respect your understanding on this but could you please guide me if this is codified any where or it is  based uppon genral practices in law but certain  offences against public are Non- cognizable offences .

Anaita Vas   20 November 2021

Non-cognizable offences are those for which the police cannot detain the defendant without a warrant or initiate an inquiry without the approval of the board, as described by Section 2(I) of the Criminal Procedure Code, 1973. Forgery, cheating, defamation, public nuisance, and other misdemeanours fall under this category. A criminal complaint is filed with the metropolitan magistrate, who is assumed to ask the investigating police station to begin an inquiry. The police officer must file a charge sheet with the court, which will be followed by a court hearing.

If the defendant is convicted of a crime after the court hearing, the court issues an order for an arrest warrant to be issued. Bail is available for such misdemeanours. To sum it up, cognizable offences are non-bailable and have a high level of seriousness and heinousness, whereas non-cognizable offences are bailable and have a lesser level of seriousness than cognizable offences. Non cognizable offences are considered private wrongs, and their prosecution is left to the private individual against whom such damage has been imposed. Cognizable offences are considered public wrongs, and thus allow the Government to take strict and rigorous action.

Regards, 

Anaita Vas


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