Law and You > Procedural Laws > CrPC > Cognizable Offence and Non-Cognizable Offence

In this article, we shall study types of offences based on whether bail can be granted or not. The two kinds are a) Cognizable offence and b) Non-Cognizable offence

Section 2(n) of the CrPC defines the word “offence”.

Section 2(n) The Code of Criminal Procedure, 1973:

” offence” means any act or omission made punishable by any law for the time being in force and includes any act in respect of which a complaint may be made under section 20 of the Cattle- Trespass Act, 1871 (1 of 1871 )

However, the term is more elaborately defined under Section 40 of the IPC which states that

Section 40 The Indian Penal Code, 1860:

“offence” denotes a thing made punishable by the Code. Section 40 of the Indian Penal Code defines the term offence as follows: “Except in theChapters and sections mentioned in clauses 2 and 3 of this section, the word “offence” denotes a thing made punishable by this Code. In Chapter IV,Chapter VA and in the following sections, namely, sections64, 65, 66, 67, 71], 109, 110, 112, 114, 115, 116, 117, 118, 119, 120, 187, 194, 195, 203, 211, 213, 214, 221, 222, 223, 224, 225, 327, 328, 329, 330, 331, 347, 348, 388, 389 and 445, the word “offence” denotes a thing punishable under this Code, or under any special or local law as hereinafter defined. And in sections 141, 176, 177, 201, 202, 212, 216 and 441, the word “offence” has the same meaning when the thing punishable under the special or local law is punishable under such law with imprisonment for a term of six months or upwards, whether with or without fine”.

Civil offences are against private persons (individuals) but criminal offences are against the State. The State, represented by the Prosecutor, will argue the case against the defendant. The prosecutor makes the case against the suspect, by submitting the issue sheet (pleadings) and the necessary evidence.

Types of Criminal Offences:

1. Bailable offence and Non-bailable offences
2. Cognizable and Non-Cognizable offences
3. Compoundable and non-compoundable offence

Cognizable and Non-Cognizable Offences:

An arrest is a violation of the liberty of the suspect in connection with an investigation or prevention of crime. Since it affects the fundamental rights of the individual, the police need a warrant from a magistrate that allows them to arrest the person. (This warrant is granted on grounds of ‘probable cause’). There are some offences, however, that does not require the police to procure a warrant before making an arrest, and these are known as cognizable offences and are specified in the Schedule to the Code.

Cognizable Offences:

Section 2(C) The Code of Criminal Procedure:

“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 being in force, arrest without warrant;

According to 177th Law Commission Report, cognizable offences are those offences (like murder, rape, kidnapping, theft, dowry death etc. that require an immediate arrest. In cognizable offences, a police officer can arrest without seeking a court’s warrant to do so provided the police officer has “reason to believe” that the person has committed the offence and is satisfied that the arrest is necessary on certain enumerated bases. In such cases, after the arrest has been made, the accused must be produced within 24 hours of the arrest, before a judicial magistrate. The police officer must have detention ratified by a judicial magistrate and then he can proceed to investigate the matter. The first information report (FIR) is registered only in cognizable offences.

After investigation, if the case is made out, i.e. charge sheet filed goes against the accused, the magistrate can order for the arrest of the accused. During the pendency of the trial, the accused can move a bail application before the concerned magistrate. Cognizable offences are both bailable, and non-bailable.

Steps to be followed in cases of cognizable offences

1. Information Received
2. Entered in General Diary
3. Registration of F.I.R.
4. Arrest of accused
5. Production of Accused in Court
6. Remand
7. Investigation under Section 156
8. Charge-sheet under Section 173
9. Inquiry
10. Trial
11. Judgement

Non-Cognizable Offences:

Section 2(l) The Code of Criminal Procedure:

” 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 offences are those, where a police officer cannot arrest without a warrant. The crimes of forgery, cheating, defamation, public nuisance, etc., fall in the category of non-cognizable crimes.

Steps to be followed in cases of Non-cognizable offences:

1. Filing of complaint/F.I.R.
2. Investigation
3. Charge sheet
4. Charge sheet to be filed in court
5. Trial
6. Judgement/ Final Order

Distinguishing Between Cognizable and Non-Cognizable Offences:

Cognizable Offence	Non-Cognizable Offence
It is defined in Section 2(c) of the Criminal Procedure Code, 1973.	It is defined in Section 2(l) of the Criminal Procedure Code, 1973.
Cognizable offence means an offence for which a police officer may, in accordance with the First Schedule or under any other law for the time being in force, arrest without a warrant.	A non-cognizable offence or a non-cognizable case has been defined in the Criminal Procedure Code as an offence for which the police have no authority to arrest without a warrant.
These offences are serious in nature.	These offences are less serious in nature.
The victim can file an FIR or make a complaint to the magistrate.	The victim can only make a complaint to the magistrate.
The police officer is bound to register the FIR even without the permission of the Magistrate.	The police officer is not bound to register the FIR and cannot register the FIR without prior permission of the magistrate.
Section 154 of CrPc provides that under a Cognizable offence or case, the Police Officer has to receive the First Information Report (FIR) relating to the cognizable offence, which can be obtained without the Magistrate’s permission and enter it in the General Diary to immediately start the investigation. An FIR sets the criminal law in motion.	Section 155 of CrPc provides that if a police officer receives information regarding the commission of a non-cognizable offence, he is supposed to enter the substance of the case in the station diary and refer the informant to approach the concerned Magistrate.
The police can start a preliminary investigation without the permission of the court or without registering the FIR.	The police officer cannot start the investigation without the permission of the court.
Example- Murder, Rape, Dowry Death, Kidnapping, Theft, Criminal Breach of Trust, Unnatural Offences	Example- Assault, Cheating, Forgery, Defamation, etc.

List of Cognizable and Non-Cognizable Offences (IPC):

Section	Offence	Cognizable / Non-cognizable	Punishment
107-120	Abetment	Depends on the offence abetted.	Depends on the offence abetted.
120B	Criminal conspiracy to commit an offence punishable with death	If the offence is punishable with death, imprisonment of life or rigorous imprisonment for a term of two years or more is cognizable, otherwise non-cognizable.	Depends on the offence conspired.
121	Waging or attempting to wage war, or abetting the waging of war, against the Government of India	Cognizable	Imprisonment for life or imprisonment up to 10 years along  with fine
121-A	Conspiracy to commit offences punishable by section 121.	Cognizable	Imprisonment for life], or with imprisonment of either description which may extend to ten years, and shall also be liable to fine
122	Collecting arms, etc., with intention of waging war against the Government of India.	Cognizable	Imprisonment for life or imprisonment of either description for a term not exceeding ten years, and shall also be liable to fine.
123	Concealing with intent to facilitate design to wage war	Cognizable	Imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
124	Assaulting President, Governor, etc., with intent to compel or restrain the exercise of any lawful power.	Cognizable	Imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
124A	Sedition.	Cognizable	Imprisonment for life and fine or imprisonment for 3 years and fine or fine.
125	Waging war against any Asiatic Power in alliance with the Government of India.	Cognizable	Imprisonment of either description for a term which may extend to seven years, to which fine may be added, or with fine
126	Committing depredation on territories of Power at peace with the Government of India	Cognizable	Imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine and to forfeiture of any property used or intended to be used in committing such depredation or acquired by such depredation.
131	Abetting mutiny or attempting to seduce a soldier, sailor or airman		Imprisonment for life or 10 years with fine
140	Wearing soldier’s garb, sailor, airman		Imprisonment for 3 months along with 500
144	Punishment for unlawful assembly		Imprisonment for 6 months with fine
154	Owner or occupier of land on which unlawful assembly is held		INR 1000 fine
158	Being hired to be part of unlawful assembly or riot		Imprisonment for  6 months up to 2 yrs along with fine
166A	Public servant disobeying direction under law		Imprisonment for 6 months up to 2 yrs
167	Public servant framing an incorrect document		Imprisonment for 3 years and fine

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