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Tanvi (Home maker)     23 September 2014

Non-cognizable offence

Will an enquiry be taken up, if a non-cognizable offence is registered in a police station against a person? 

What is therocedure for it ?



Learning

 15 Replies

LoneFighter (IT)     23 September 2014

Yes.. everything remains almost same, but its just that arrest might not probably happen. 

But a few police would want bribe or take bribe from other party, so they might go and arrest on grounds that accused might tamper the witness. But getting a bail in these cases would not be much of a difficult task. 

Ashok, Advocate (Lawyer at Delhi)     23 September 2014

In a non-cognizable case, the police does not have the power to conduct any investigation without the orders of the court. Therefore, the police will not conduct any enquiry in a non-cognizable case. Moreover, the police does not register any FIR in a non-cognizable case; it merely enters the details of the non-cognizable case in the General Diary / Station Diary of the police station and also in the Non-Cognizable Register. It goes without saying that the police does not have any power of arrest in a non-cognizable case.

 

If you want action to be taken in a non-cognizable case, you will have to file a private complaint in the court.

 

However, sometimes, where breach of peace is suspected from a complaint given in a non-cognizable, the police may conduct a limited enquiry to start the so-called “chapter proceedings” under Chapter 8 of the Cr.P.C. [for example, under Section 107 of Cr.P.C. to obtain security for keeping peace], in order to ensure that there is no breach of peace.

 

 

Tanvi (Home maker)     23 September 2014

Thank you so much Ashok sir.

I have a serious threat to my life from my mother-in-law. I want to register a complaint. At the same time, i don't want any enquiry to be made now strictly, since it will seriously affect my marital life. For this should I file a Non-cognizable complaint? Will they give CSR receipt as a proof that i have made a complaint ? Is it followed in the normal procedure ? 

Advocate Ravinder (Advocate/Attorney)     23 September 2014

I slightly disagree with Ashok.

In the non congnizable offence, arrest cannot be made immediately.  The Police can file FIR and conduct enquiry and should issue summons to the accused.There is no need to take court permission.  If the police wants to arrest the accused, it has to convince the court and take arrest warrant. 

Ashok, Advocate (Lawyer at Delhi)     23 September 2014

@ Ravinder.P:   Please see the relevant extracts from Section 155 of Cr.P.C., which is reproduced below:

 

155. Information as to non-cognizable cases and investigation of such cases.— (1) When information is given to an officer in charge of a police station of the commission within the limits of such station of a non-cognizable offence, he shall enter or cause to be entered the substance of the information in a book to be kept by such officer in such form as the State Government may prescribe in this behalf, and refer the informant to the Magistrate.

(2) No police officer shall investigate a non-cognizable case without the order of a Magistrate having power to try such case or commit the case for trial.

… …”

 

These provisions make it unequivocally clear that in a non-cognizable case, the police does not have the power to investigate the case WITHOUT the order of a magistrate. Moreover, this section also clearly states that the police will merely enter the information in a book (which is generally entered in the Station Diary / General Diary of the police station, and also in a book called Non-Cognizable Register or NCR; in some states it may called by some other name). Thereafter, the police will merely advise the informant to go to the court if he wants to pursue the NC case.

 

Thus, it is clear that the police has no power to conduct any investigation in a non-cognizable offence. Of course, it goes without saying that the police does not have power to arrest the accused in a non-cognizable offence WITHOUT the order of the magistrate.

 

Please also note that FIR is registered under Section 154 of the Cr.P.C., which clearly requires a COGNIZABLE OFFENCE to be there. Please see the starting language of Section 154 as shown below:

 

“(1) Every information relating to the commission of a cognizable offence, if given orally to an officer in charge of a police station, shall be reduced to writing by him or under his direction, and be read over to the informant; and every such information, whether given in writing or reduced to writing as aforesaid, shall be signed by the person giving it, and the substance thereof shall be entered in a book to be kept by such officer in such form as the State Government may prescribe in this behalf …”.


 

 

Therefore, FIR cannot be registered for a non-cognizable offence for which the procedure and powers of the police are laid down in Section 155 Cr.P.C.

Ashok, Advocate (Lawyer at Delhi)     23 September 2014

@ Tanvi:  To give threat to life of someone is covered under Section 506 IPC (criminal intimidation), which is a non-cognizable offence in most parts of India [except in Greater Mumbai, wherein a part of the offence under Section 506 IPC has been notified as a cognizable offence]. Therefore, when you file a complaint under Section 506 IPC, the police will merely record it as a non-cognizable offence and will NOT register the FIR and will NOT investigate the offence. It should serve the purpose that you have in your mind.

Tanvi (Home maker)     23 September 2014

Thank you so much Mr.Ashok !! 

T. Kalaiselvan, Advocate (Advocate)     30 September 2014

I endorse the views and opinions of ld. adv. Mr. Ashok. He made the point very clear.

SANDEEP SHARMA   01 May 2016

Dear Sir,

Thank you so much all of you for providing such valuable information.

May I ask you in any non-cognizable offence, informanent is giving information in Public Interest and not a legal person especially poor, then why & how the matter will proceed. Who will take care of that offence. Also, it is seen that most of non-cognizable offence cover cognizable offence which might be disclose in investigation. But falling under section 155 of Cr.p.c.,  an officer may take advantage and ignore a major criminal matter. 

Kindly give your comments. 

Siddharth Dev (Advocate)     16 May 2016

not without order of magistrate

Neha   08 October 2016

What will happend if a non-cognizable offence is registered and then compromise is reached in PS itself? Will it reach court or not? Will this appear in "verification of character and antecedents" in Government job appointment? Please reply sir. 

Siddharth Dev (Advocate)     09 October 2016

It's academic question in short police made only for investigation

Harsh Sharma   07 September 2017

How to file a private complaint is their any need to have a lawyer as well to file a complaint and if it is then if they charge fee who will pay for it. Basically I made several complaint about the misuse of loud speaker in open in our area with police station but they did nothing so I want to stop this from happening again n again.

Harsh Sharma   07 September 2017

So I want to go to the collecterate office and make a written complaint so simple application will do or I will need a lawyer to draft the complaint and everything else or I can do it all by myself because I don't want to pay any fees to anyone as such nor I have money to pay

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