Introduction
The criminal justice system in India classifies offences into various categories for better enforcement of law and administration of justice. One of the most fundamental classifications is between Cognizable and Non-Cognizable offences. These two categories determine the authority of the police in arresting the accused and initiating investigations without prior approval from a magistrate. With the introduction of the Bharatiya Nyaya Sanhita, 2023 (BNS) – which replaces the colonial-era Indian Penal Code, 1860 – the definitions and treatment of these offences have seen refinements to suit the needs of a modern justice system. This article aims to explain the concept, legal provisions, differences, and implications of Cognizable and Non-Cognizable offences under the BNS, 2023.
Meaning of Cognizable Offence
A Cognizable offence is one in which a police officer is empowered to register a First Information Report (FIR), investigate the case, and arrest the accused without prior approval or warrant from a magistrate. These offences are usually serious and heinous in nature, such as murder, rape, kidnapping, robbery, terrorism, etc. They pose a significant threat to society or individuals and require urgent police intervention.
Reference:
Under the BNS, 2023, cognizable offences are defined and classified in the Schedule attached to the Act. For instance:
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Section 101: Murder – Cognizable and Non-bailable
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Section 63: Rape – Cognizable and Non-bailable
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Section 308: Robbery – Cognizable and Non-bailable
Meaning of Non-Cognizable Offence
A Non-Cognizable offence, on the other hand, is an offence where the police cannot arrest the accused or start an investigation without the prior approval of a magistrate.
These offences are less serious or petty in nature, such as defamation, public nuisance, simple hurt, etc. They don’t require immediate police intervention and are generally bailable.
Legal Reference:
Examples of non-cognizable offences under BNS include:
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Section 356: Defamation – Non-cognizable and Bailable
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Section 125: Simple Hurt – Non-cognizable and Bailable
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Section 291: Public nuisance – Non-cognizable and Bailable
Key Differences Between Cognizable and Non-Cognizable Offences
1. Nature and Seriousness of the Crime
Cognizable offences are grave in nature. They involve significant harm to individuals or society at large. Examples include murder, rape, terrorism, etc. These offences often create fear and insecurity in society.Non-cognizable offences, on the other hand, are relatively minor. They are mostly private wrongs and do not require urgent action. Common examples include defamation, public nuisance, or causing simple hurt in a minor fight.
2. Authority to Register FIR
In cognizable cases, the police can register an FIR immediately and start the investigation without needing the magistrate’s permission. This allows for swift action to prevent further harm. In non-cognizable cases, however, police cannot register an FIR on their own. They must seek prior approval from a magistrate before proceeding. This rule prevents the misuse of police powers in petty matters.
3. Power to Arrest
For cognizable offences, the police have the right to arrest the accused without a warrant. This power is necessary because the delay in arresting a dangerous criminal may lead to further crimes or destruction of evidence.In non-cognizable offences, the police do not have the authority to arrest without the magistrate’s permission. This safeguard is essential to protect individuals from unnecessary harassment in minor cases.
4. Investigation Process
In cognizable offences, the police can start investigation immediately after registering the FIR. They can visit the crime scene, collect evidence, and arrest the accused promptly. In non-cognizable cases, the police must first obtain approval from the magistrate, and only then can they begin the investigation.
5. Bail
Cognizable offences are generally non-bailable, meaning bail is not a right. The court has the discretion to grant or deny bail depending on the facts of the case. Non-cognizable offences are usually bailable, and the accused can get bail easily, often from the police itself.
6. Court Jurisdiction
Cognizable offences are usually tried in a Sessions Court due to their seriousness and the high level of punishment involved. Non-cognizable offences are tried in a Magistrate’s Court, as they are simpler and less severe cases.
7. Impact on Society
Cognizable offences have a high social impact. They threaten law and order, public safety, and the lives and property of citizens. Non-cognizable offences have a limited or personal impact. They usually involve disputes between individuals or disturbances that do not endanger the public at large.
8. Urgency of Police Action
Cognizable cases require immediate police action to control the situation and bring the offender to justice. Speed is essential to prevent further crimes. In non-cognizable cases, the action is delayed or conditional, since the crime does not require urgent intervention and can be handled through proper legal procedures.
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Cognizable Offences: Tried in Sessions Courts, depending on the gravity of the crime.
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Non-Cognizable Offences: Tried in Judicial Magistrate’s Court (First or Second Class).
FIR and Magistrate’s Permission
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In cognizable cases, the police officer is duty-bound to lodge an FIR as soon as information about the offence is received.
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In non-cognizable cases, the police can record information, but can proceed with investigation only after obtaining permission from the magistrate under Section 175(2) of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.
Illustrations
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Cognizable Case
A man commits murder.
The police, upon receiving information, can register an FIR, visit the scene, collect evidence, and arrest the accused immediately without any magistrate’s permission. -
Non-Cognizable Case
A person sends defamatory messages on WhatsApp to another.
Here, the affected person must approach the magistrate first. Only after permission is granted can the police initiate investigation or make an arrest.
Practical Implications
Understanding the distinction between these two types of offences is crucial not just for police officers and lawyers, but also for citizens:
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It determines the process of how justice is delivered.
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It protects individual liberty in minor cases (non-cognizable), while also allowing swift police action in serious crimes (cognizable).
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The classification helps prioritize resources, ensuring that serious crimes receive immediate attention.
Reforms under Bharatiya Nyaya Sanhita, 2023
With the enactment of BNS, 2023, the government aimed to simplify and modernize the criminal law system. Some key improvements include:
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Clarity in classification: A detailed Schedule lists all offences as Cognizable/Non-Cognizable, Bailable/Non-Bailable.
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Use of technology: FIRs can be registered digitally; victims can get regular updates via mobile or email.
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Gender-neutral language: Definitions and provisions have been made inclusive.
The goal is to ensure speedy justice while protecting rights of the accused and victims alike.
Conclusion
The classification of offences into Cognizable and Non-Cognizable plays a fundamental role in shaping the functioning of criminal law in India. With the implementation of the Bharatiya Nyaya Sanhita, 2023, these distinctions have been codified with greater clarity and modern relevance. While Cognizable offences warrant swift police action due to their seriousness, Non-Cognizable offences allow a more restrained, court-regulated approach. Understanding these differences helps citizens to know their rights and duties better, promotes legal awareness, and contributes to the larger goal of a fair and efficient justice system.
Also Read:
Rights of undertrial prisoners in India
How To Send A Legal Notice In India