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Guest (n/a)     25 May 2009

What is meant by cognizable offence, Non-cognizable offence

What is meant by a cognizable offence? Non-cognizable offence? Can an FIR only be registered for a criminal/ cognizable case? Is every cognizable case a criminal case? 



 6 Replies

Shambasiv (n/a)     25 May 2009

A cognizable offence is a case where the Police can arrest without a warrant. All cognizable cases involve criminal offences. Murder, Robbery, Theft, Rioting, Counterfeiting etc. are some examples of cognizable offences.

Non-cognizable offences are those criminal infractions, which are relatively less serious. Examples of non-cognizable offences include Public Nuisance, Causing Simple Hurt, Assault, Mischief etc.

The Police cannot register criminal cases or cause arrests with regard to non-cognizable offences. In all such cases, the Police have to take permission from a magistrate for registration of a criminal case. 

Nitish Banka (lawyer)     01 February 2018

Posted by: nitish788  Categories: Uncategorized 
 

 

online FIR in Delhi –

How to file

Online FIR in Delhi can be lodged if you have lost mobile phone.wallet or any documents. The Delhi police has an online portal https://www.delhipolice.nic.in/ on which by just entering basic information you may lodge a Missing Lost articles and NCR report without visiting police station.

Online FIR in Delhi

What is NCR report?

NCR report is non cogniziable report which can be lodged for non-cogniziable offences as mentioned in Indian penal code.

Non Cognizable offence

  • A non-cognizable offence has been defined in Criminal Procedure Code as follows, “`non-cognizable offence’ means an offence for which, and `non-cognizable case’ means a case in which, a police officer has no authority to arrest without warrant”.
  • Non-Cognizable offenses are those which are not much serious in nature. Example- Assault, Cheating, Forgery, Defamation.

 

  • Section 155 of CrPc provides that in a non-cognizable offense or case, the police officer cannot receive or record the FIR unless he obtains prior permission from the Magistrate.

 

  • Under a Non-Cognizable offense/case, in order to start the investigation, it is important for the police officer to obtain the permission from the Magistrate.

Here are some Non Cogniziable offences include Public Nuisance, Causing Simple Hurt, Assault, Mischief etc.

Read more at: https://www.lawyersclubindia.com/forum/What-is-meant-by-cognizable-offence-Non-cognizable-offence-5849.asp

Purpose of the Online FIR Portal

Information you need to provide for successful reporting:

1) Name

2) Father’s / Mother’s Name

3) Address

4) Mobile Number (Not Mandatory)

5) E-mail ID

6) Place, Date & Time (if known) of Loss

7) Descripttion of Lost Articles (Can add upto 10 items in one report)

Please Remember:
This portal is not for registering FIR but only NCR that means it is simply an information for record and to facilitate you to get duplicate documents issued.

Police is not going to take any action or try to search for your loss items or documents after this reporting. If you want Police to trace your lost items etc,

please contact your nearest Police Station. List of Contact Details of Police Stations in Delhi.

Please do not use this option if loss is due to theft or some other crime.

Adv. Nitish Banka

9891549997

Lexspeak.in 

Santosh Gupta   24 October 2020

Dear Sir,

i am santosh gupta s/o ganga prasad gupta, 

my aadhar no. 504969827765

lost mobile realmi 3i 

;mobile no.  

9792521008 jio

8924061599 airtel

 

 

Achyut kulkarni   26 January 2021

Hello, to differentiate between the two, let us take a look at the meaning of these two. Cognizable offence means a case in which, a police officer may, in accordance with the First Schedule or under any other law for the time being in force, arrest without warrant. The code is defined under the CrPC and the Code also contains the Schedule I which refers to all the offences under the Indian Penal Code and puts them into cognizable and non-cognizable categories. Section 154 of the Criminal Procedure Code, 1973 provides that under a cognizable offence the Police Officer has to receive the First Information Report (FIR) relating to the cognizable offence. The offences under these are considered to be very serious in nature. Now, let us take a look at the meaning of non-cognizable offence, for offences under this category a police officer has no authority to arrest without warrant. Such offences are not usually serious in nature. 

Let us take a look at some of the offences classified under both the categories. 

Cognizable offences: 

1. Waging or attempting to wage war, or abetting the waging of war against the government of India

2. Murder

3. Criminal Breach of Trust

4. Kidnapping

Non- cognizable offences:

1. Cheating

2.  Forgery

To sum up the differences, the offence in which the police suo motu takes cognizance of crime and also does not need the approval of the court, known as a cognizable offence. While, in non-cognizable, police has no authority to arrest a person for the crime on its own, without prior approval of the court. In cognizable, the police can arrest a person without any warrant. While, in case of non-cognizable offence, a warrant must be needed for the arrest of a person. Cognizable are heinous crimes, whereas non-cognizable offences are not so serious. 

Hope this helps!

Ankur Srivastava   02 February 2021

Cognizable Offense-

A cognizable offense is an offense wherein the cop according to the primary timetable or under some other law for the time being in power, can capture the convict without a warrant and can begin an examination without the consent of the court. Cognizable offenses are for the most part shocking or genuine in nature, for example, murder, assault, hijacking, robbery, share passing and so on The primary data report (FIR) is enlisted uniquely in cognizable wrongdoings. 

Under segment(Section) 154 Criminal Procedure Code (CrPC), a cop will undoubtedly enroll a FIR if there should be an occurrence of a cognizable wrongdoing. He can likewise lead some sort of fundamental request prior to enlisting the FIR. In these offenses, a convict is captured and created before the justice in the specified time. Inferable from the genuine idea of the wrongdoing, court endorsement is certain in cognizable offenses.

 

Non Cognizable Offense-

A non-cognizable offense is the offense recorded under the primary timetable of the Indian Penal Code and is bailable in nature. In the event of a non-cognizable offense, the police can't capture the denounced without a warrant also as can't begin an examination without the authorization of the court. The violations of fraud, cheating, criticism, public disturbance, and so on, fall in the classification of non-cognizable wrongdoings. 

In this kind of violations, a criminal objection is held up with the metropolitan officer who should arrange the concerned police headquarters to start an examination. The cop should document the accuse sheet of the court which is trailed by a preliminary. After the preliminary, if the blamed is seen as liable, the court passes the request to give the warrant to capture the charged.

 

Can an FIR be register only Criminal/Cognizable offense?

The police officer can register FIRs only for cognizable offense where the police have the power to arrest without a warrant. Examples of cognizable offenses include murder, rape, theft, attack, etc. If we see for non-cognizable offences, such as bigamy or defamation, the police cannot arrest without a warrant and thus cannot register an FIR. The complaint is sent to the Judicial Magistrate for action.

Last question answer- We can see the example and move our minds that no every cognizable offense is not a criminal case.

Preksha Goyal   10 March 2021

Cognizable Offence: The term 'Cognizable' means able to be apprehended. According to S.2. (c) of Cr.P.C., Cognizable offence means an offence for which, and cognizable case means, a case in which, a police officer may, in accordance with the First Schedule or under any other law for the time bell in force, arrest without warrant. An offence in which the police officer according to the first schedule or under any other law for the time being in force, can arrest the convict without a warrant and can start an investigation without the permission of the court. Cognizable offences are usually serious in nature. Sec. 154 Cr.P.C. provides that the Police Officer has to receive FIR relating to cognizable offences without Magistrate's permission, and enters it in General Diary and immediately starts the investigation.

Non-cognizable Offence: The term 'Non-Cognizable' means not able to be apprehended. According to S.2.(1) of Cr.P.C., a Non-Cognizable offence means an offence for which and a Non-Cognizable Case means a case in which, a police officer has no authority to arrest without a warrant. A non-cognizable offence is the offence listed under the first schedule of the Indian Penal Code and is bailable in nature. In case of a non-cognizable offence, the police cannot arrest the accused without a warrant as well as cannot start an investigation without the permission of the court. Non-cognizable offences are not so much serious as cognizable offences. Sec. 155 Cr.P.C. provides that the police officer is not competent to receive and record FIR pertaining to the offence of non-cognizable offences, unless he obtains permission from the Magistrate.

Can an FIR only be registered for a criminal/ cognizable case?

Section 154[1] of the CrPC, 1973, makes it clear that an FIR can be registered only in the case of a cognizable offence.

Is every cognizable case a criminal case?

Cognizable encompasses murder, rape, theft, kidnapping, counterfeiting, etc. On the contrary, non-cognizable offences include offences like forgery, cheating, assault, defamation, and so forth. For a cognizable, one can file FIR or make a complaint to the magistrate. Unlike, in case of non-cognizable offence one can only make a complaint to the magistrate. So, yes every cognizable offence is a criminal case.

 


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