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Difference Between Cognizable and Non-Cognizable Offenses

Difference Between Cognizable and Non-Cognizable Offenses

Q: 1. Can the police arrest someone for a non-cognizable offense without a warrant?

No, police cannot arrest someone for a non-cognizable offense without prior approval from a magistrate. Arrest requires a legal order.

Q: 2. What happens if the police refuse to file an FIR for a cognizable offense?

If the police refuse to file an FIR for a cognizable offense, the victim can approach the magistrate who can order the police to register the FIR and begin an investigation.

Q: 3. Are non-cognizable offenses less serious than cognizable offenses?

Yes, non-cognizable offenses are generally less severe and involve minor harm or inconveniences, such as defamation or minor assault.

Q: 4. How long can someone be imprisoned for a cognizable offense?

The punishment for cognizable offenses can vary widely, ranging from imprisonment for a few years to life imprisonment or even the death penalty, depending on the nature of the offense.

Q: 5. Do non-cognizable offenses involve police investigations?

Yes, but only with the magistrate’s permission. Police can investigate non-cognizable offenses only if authorized by a magistrate, unlike cognizable offenses where they can act without permission.

Q: 6. Can the accused in a cognizable offense be granted bail immediately?

In some cases, an accused person in a cognizable offense can be granted bail, but this depends on the severity of the crime and the circumstances. Serious crimes often involve more rigorous scrutiny for bail.

Q: 7. What types of crimes are considered non-cognizable offenses?

Non-cognizable offenses include crimes like minor assault, defamation, public nuisance, trespassing, and simple forgery. These offenses typically carry lighter punishments.

Q: 8. Is there a difference in the court where cognizable and non-cognizable offenses are tried?

Yes, cognizable offenses are usually tried in a Sessions Court, while non-cognizable offenses are tried in a Magistrate’s Court.

Q: 9. Can a non-cognizable offense be upgraded to a cognizable offense?

Yes, if the investigation of a non-cognizable offense reveals more serious elements or evidence, the case can be reclassified as a cognizable offense, and the police may act accordingly.

Q: 10. What is the role of a magistrate in non-cognizable offenses?

In non-cognizable offenses, a magistrate plays a crucial role by approving the registration of the case, granting permission for investigations, and overseeing legal procedures.

By upGrad

Updated on Feb 06, 2025 | 9 min read | 1.3k views

Table of Contents

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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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.

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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:

Filing of FIR – The police must register a First Information Report (FIR) under Section 173 of BNS when a cognizable offense is reported.
Investigation – Authorities collect evidence, record witness statements, and examine the crime scene to build the case.
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.
Custody and Chargesheet – Police may seek remand for further questioning. Once the investigation is complete, a chargesheet is filed in court for trial.
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.
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.

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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

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.
Magistrate’s Approval – The magistrate reviews the application and decides whether an investigation should proceed. If approved, the police can initiate inquiries.
Investigation and Summons – If permitted, police gather evidence, question witnesses, and prepare a report. Instead of immediate arrest, the accused is summoned to court.
Filing of Chargesheet – After the investigation, police submit a chargesheet in the Magistrate’s Court, detailing findings and recommending prosecution.
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.
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.

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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:

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.

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:

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.
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.
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.
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.
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.
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.
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.

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