Difference Between Cognizable and Non-Cognizable Offenses

In any legal system, crimes are classified based on their severity and the legal procedures involved. One key classification in India’s new legal framework, the Bharatiya Nyaya Sanhita (BNS), 2023, is between cognizable and non-cognizable offenses, which determines how law enforcement can take action. This distinction plays a crucial role in how criminal cases are handled by the police and judiciary.

Cognizable offenses are considered more serious crimes, such as murder, rape, or kidnapping, where the police have the authority to register a case and make an arrest without prior approval from the court. These crimes pose a greater threat to society and require immediate action to maintain law and order.

On the other hand, non-cognizable offenses include defamation, public nuisance, or minor assault, which are less serious in nature. In such cases, the police cannot arrest the accused or start an investigation without permission from a magistrate. These offenses typically involve lesser penalties and do not pose an immediate danger to public safety.

The primary difference between cognizable and non-cognizable offenses lies in the police’s power to take direct action. Understanding this distinction helps individuals know their rights and the legal procedures involved in different types of criminal cases. This blog explores both types of offenses, their legal processes, and key differences in detail.

Shape your legal career! From global laws to specialized practices, our LLM courses offer the flexibility you need to excel.

Explore Your Options Here!

What is a Cognizable Offense?

A cognizable offense is a serious crime where law enforcement officers have the legal authority to register a First Information Report (FIR), investigate, and arrest the accused without prior approval from a magistrate. These offenses pose a significant threat to individuals or society and typically include murder, rape, robbery, and kidnapping.

With the implementation of the Bharatiya Nyaya Sanhita (BNS), 2023, which replaces the Indian Penal Code (IPC), the classification of offenses remains largely unchanged. Cognizable offenses are still determined based on the severity of the act and the punishment prescribed under the new legal framework.

Section 2(g) of BNSS, 2023 defines a cognizable offense as:

"An offense 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."

This means law enforcement can take immediate action to prevent further harm, secure evidence, and ensure public safety. Cognizable offenses generally carry imprisonment of more than three years, life imprisonment, or the death penalty, depending on their severity.

Understand the foundations of law and policy! Dive into our free Law course to gain valuable insights into the legal world.

Access the Free Course Now!

Examples of Cognizable Offenses

Some common examples of cognizable offenses include:

• Murder – (Section 101, BNS)
• Rape – (Section 63, BNS)
• Kidnapping – (Section 137, BNS)
• Theft – (Section 303, BNS)
• Robbery – (Section 309, BNS)
• Dowry Death – (Section 80, BNS)

Legal Procedure for Cognizable Offenses

The legal process for cognizable offenses ensures swift action and justice. The key steps involved are:

1. Filing of FIR – The police must register a First Information Report (FIR) under Section 173 of BNS when a cognizable offense is reported.
2. Investigation – Authorities collect evidence, record witness statements, and examine the crime scene to build the case.
3. Arrest Without a Warrant – Under Section 35 of BNS, police can arrest the accused without prior approval from a magistrate. The accused must be presented in court within 24 hours.
4. Custody and Chargesheet – Police may seek remand for further questioning. Once the investigation is complete, a chargesheet is filed in court for trial.
5. Trial and Judgment – The case is heard in a Sessions Court, and based on the evidence, the court delivers a verdict—either conviction or acquittal.
6. Sentencing or Appeal – If convicted, the accused is sentenced per BNS provisions. They have the right to appeal to a higher court if dissatisfied with the verdict.

What is a Non-Cognizable Offense?

A non-cognizable offense is a less serious crime where the police do not have the authority to register a case, initiate an investigation, or arrest the accused without prior approval from a magistrate. These offenses typically involve minor harm or inconvenience and do not pose an immediate threat to public safety.

As per Section 2(o) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, a non-cognizable offense is defined as:

"An offense for which, and 'non-cognizable case' means a case in which, a police officer has no authority to arrest without warrant."

Because these offenses are not considered urgent, police intervention is restricted unless the magistrate grants permission to proceed. Generally, non-cognizable offenses result in lighter punishments, such as fines or imprisonment for up to three years, depending on the severity of the offense.

Examples of Non-Cognizable Offenses

Common examples of non-cognizable offenses include:

• Defamation – (Section 356, BNS)
• Public Nuisance – (Section 270, BNS)
• Minor Assault – (Section 131, BNS)
• Forgery – (Section 336, BNS)
• Trespassing – (Section 329, BNS)
• Cheating (without fraud) – (Section 318, BNS)

Legal Procedure for Non-Cognizable Offenses

1. Filing of Application – The victim must submit an application to the police station. Since it is a non-cognizable offense, the police cannot register an FIR without a magistrate’s approval.
2. Magistrate’s Approval – The magistrate reviews the application and decides whether an investigation should proceed. If approved, the police can initiate inquiries.
3. Investigation and Summons – If permitted, police gather evidence, question witnesses, and prepare a report. Instead of immediate arrest, the accused is summoned to court.
4. Filing of Chargesheet – After the investigation, police submit a chargesheet in the Magistrate’s Court, detailing findings and recommending prosecution.
5. Trial and Judgment – The case is tried in a Magistrate’s Court, where both parties present arguments. Based on the evidence, the court issues a verdict—conviction, fine, or acquittal.
6. Sentencing or Appeal – If convicted, the accused faces fines or short-term imprisonment as per BNS provisions. They can appeal the decision to a higher court.

Also Read: 7 Best Online Criminology Courses to Improve Your Career

Key Differences Between Cognizable and Non-Cognizable Offenses

The main differences between cognizable and non-cognizable offenses are based on their severity, police authority, and legal procedures. Here are nine key differences:

Similarities Between Cognizable and Non-Cognizable Offenses

While cognizable and non-cognizable offenses differ in their severity and legal procedures, they share several key characteristics:

1. Both are criminal offenses:
   Both cognizable and non-cognizable offenses involve violations of the law and are considered criminal in nature. These offenses can result in legal actions taken against the accused, including trials and penalties.
2. Involve legal consequences:
   Regardless of their severity, both types of offenses carry legal consequences. Convictions in either category can lead to fines, imprisonment, or other forms of punishment as determined by the court, depending on the offense.
3. Police involvement:
   While the extent of their involvement varies, both types of offenses may require police involvement. In cognizable offenses, police can investigate directly, whereas for non-cognizable offenses, police need magistrate approval before proceeding with an investigation.
4. Judicial oversight:
   Both cognizable and non-cognizable offenses ultimately fall under the jurisdiction of the judiciary. The courts are responsible for reviewing the evidence, hearing arguments from both parties, and delivering a verdict.
5. Victim's rights:
   In both types of offenses, the victim has the right to file a complaint and pursue justice. This allows individuals to seek redress through the legal system, ensuring their grievances are addressed.
6. Possible appeal process:
   Both categories allow the accused or the victim to appeal the decision in a higher court if they believe the verdict is unjust. This ensures the fairness and transparency of the legal system.
7. May involve witnesses:
   Both cognizable and non-cognizable offenses can involve witness testimonies. Witnesses play a key role in establishing facts, providing evidence, and influencing the outcome of the trial.

Learn with upGrad: Criminal Law Programs

If you're interested in pursuing a career in criminal law or want to deepen your knowledge of the legal system, upGrad offers comprehensive programs tailored to suit your needs. upGrad’s Criminal Law Programs are designed for individuals who want to understand the intricacies of the legal process. 

These programs offer a flexible learning structure that allows you to study at your own pace while gaining in-depth insights into various aspects of criminal law, such as criminal procedure, penal codes, and the judicial system.

Through upGrad, you'll have access to expert faculty, industry-relevant content, and hands-on projects that provide real-world applications of criminal law concepts. Whether you're a law aspirant or a professional looking to specialize, these programs will help you build a strong foundation in criminal law and set you up for success.

Ready to deepen your legal expertise? Learn with upGrad's Law Programs and advance your career in criminal law today!

Also, If you would like expert guidance in navigating your career options, you can schedule a free counseling session with us!

Similar Reads: 

Law School Duration: How Many Years to Complete Your Degree?

Top 14 Online LLM Courses in India in 2025

Career Opportunities: Corporate and Financial Law

LLB vs LLM: Eligibility, Admission and Career Opportunities in 2025

Lawyer vs Advocate: Difference Between Lawyer and Advocate

Mastering the 18 Types of Evidence: Everything You Need to Know

Transform your passion for law into expertise! Discover our popular Law courses and start your journey to legal success!

Explore our Popular Law Courses

Dive into our must-read Law articles—packed with tips and trends that every legal enthusiast should know!

Read our Popular Articles related to Law