Difference Between Cognizable and Non-Cognizable Offenses
Updated on Feb 06, 2025 | 9 min read | 1.3k views
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Updated on Feb 06, 2025 | 9 min read | 1.3k views
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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.
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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.
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Some common examples of cognizable offenses include:
The legal process for cognizable offenses ensures swift action and justice. The key steps involved are:
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.
Common examples of non-cognizable offenses include:
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The main differences between cognizable and non-cognizable offenses are based on their severity, police authority, and legal procedures. Here are nine key differences:
Aspect |
Cognizable Offense |
Non-Cognizable Offense |
Police Authority |
Police can arrest without a warrant or magistrate’s approval. |
Police cannot arrest without prior permission from a magistrate. |
FIR Registration |
Police can register an FIR and initiate an investigation. |
FIR can only be registered with the magistrate’s permission. |
Investigation |
Police have the authority to begin an investigation on their own. |
Police require a magistrate’s order to start an investigation. |
Severity of Crime |
Involves serious crimes like murder, rape, or robbery. |
Involves minor offenses like defamation or public nuisance. |
Legal Process |
Cases are handled in a Sessions Court. |
Cases are handled in a Magistrate’s Court. |
Arrest Without Warrant |
Police can arrest the accused without a warrant (as per Section 35, BNS). |
Police need a warrant from the magistrate for arrest. |
Punishment |
Punishments are more severe, often involving long imprisonment, life sentences, or the death penalty. |
Punishments are relatively mild, often fines or short-term imprisonment. |
Example Offenses |
Murder, Rape, Kidnapping, Robbery |
Defamation, Minor Assault, Trespassing, Public Nuisance |
Impact on Public Safety |
Serious crimes that pose an immediate danger to public safety. |
Minor crimes that do not pose an immediate threat to public safety. |
While cognizable and non-cognizable offenses differ in their severity and legal procedures, they share several key characteristics:
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