What Are Non-Cognizable Offenses?

An offense that is often less serious in nature and is committed by a person is referred to as a non cognizable offence. To put it another way, these acts only harm the individual or group of individuals they touch, not society as a whole. The Indian Penal Code, of 1860 has a list of examples of non cognizable offense together with their definitions and associated penalties. The police would not have the necessary power to make an arrest without a valid arrest warrant, which is a prerequisite for making an arrest for such an infraction. In these situations, they also won't be able to look into any crimes without the court's proper approval. Only when the trial court determines that the defendant is guilty of any non cognizable offense does an arrest warrant need to be issued.

Section related to non cognizable offence 

Following are the legal provisions that relate to non cognizable offence:

Section 2(l) of the CrPC

This defines non-cognizable offenses as those for which a police officer cannot arrest the accused without a warrant and cannot initiate an investigation without the permission of a court. A non-cognizable offense is a criminal act that is typically less serious in nature.

Section 155(2) 

This states that the police require permission from the Magistrate to file an FIR for non-cognizable offenses.

Section 158

Under this section, a police report must be submitted to the Magistrate to inform them of the ongoing investigation for both cognizable and non-cognizable offenses.

Section 159

When a person approaches a police officer to report an offense that is not immediately identifiable, the officer will record the details in a book kept at the police station. Without a magistrate's approval, the police are unable to launch an investigation or make an arrest right away. According to Section 159, the Magistrate can decide whether the inquiry should continue and can also provide orders in that regard.

First Schedule of IPC, 1860

In the IPC, 1860, all non-cognizable offenses and their associated penalties are specified. The First Schedule of this code lists these offenses.

Characteristics Of non cognizable offence

The following are the characteristics of non-cognizable offenses:

Less Serious Offense

An individual should only conduct less serious offenses. However, it shouldn't result in harsher punishments. Its jurisdiction includes offenses including defamation, cheating, and annoyance, which often affect a single person. Consequently, these acts don't represent a significant risk to society.

Bailable

Most non-cognizable offenses are subject to bail requirements. It indicates that upon submitting a bail application, the police may decide to give someone bail. The main justification for giving bail is that the defendant hasn't committed a serious crime, hence it is necessary to grant them bail in order to achieve proper justice.

Presence Of An Arrest Warrant

The police need to obtain a valid arrest warrant in order to detain somebody suspected of committing an infraction that is not immediately identifiable. A court with the proper authority or a judicial magistrate must issue this arrest warrant. The police need the court's consent before they can begin an investigation.

No Recording Of FIR

The First Information Report may not be given to or recorded by the police in the event of an offense that is not recognized. They can only act in this capacity if they have received the necessary approval from a court magistrate. This, however, could occasionally work against the resentful party. This is the case because obtaining the court's prior approval for all reasons might make it extremely difficult to take proper action against the offender.

Police Investigation

The judicial magistrate may, after evaluating the situation, order the police to launch an inquiry after a specific problem has been presented before them. They would have to create several reports to be presented before the relevant court or judicial magistrate after completing the inquiry. The police are obliged to produce two reports: an initial report and an updated report.

Preparation Of Charge Sheet

A charge sheet is a document that lists all of the charges that are being brought against the defendant in a trial. Following the police's submission of the investigation reports, this charge sheet is created. The individual is subsequently put on trial to prove all of the accusations made against him or her on the charge sheet.

Trial Of Accused

An arrest warrant may be issued following a trial if the defendant is found guilty of a crime that is not readily recognized. But this could only be carried out once the trial court has rendered its ruling.

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Essential Component Of  non cognizable offence

The following are the essential components of a non-cognizable offense:

• Noncognizable offenses are those, that a police officer cannot arrest without a warrant. In such offenses for arrest, all the steps have to be followed like
• Filing of complaint/F.I.R.
• Investigation
• Charge sheet
• Charge sheet to be filed in court
• Trial
• The final order of arrest is if the case has been made out.

Process To Be Followed In Case Of non cognizable offence

When it comes to the overall process, the steps involved in a non-cognizable offense differ greatly from those involved in a cognizable offense. The following are the steps that are involved.

First Information Report

F.I.R. refers to information provided to the police about the commission of a crime that is mentioned in Schedule 1 of the Criminal Procedure Code, whether the perpetrator is known or unknown. It needs to be the informant's signature. The informant must get a copy of the F.I.R., and the magistrate must receive a second copy for his review and records. This is thought to be the prosecution's case's cornerstone. It is stated that F.I.R. is the initial, pure, uninformed account of the case and is almost never untrue.

Report to the Magistrate

Upon receiving a report of a cognizable offense, the officer-in-charge notifies the relevant judicial magistrate and designates either themselves or a junior officer to conduct an inquiry.

Investigation

The inquiry into a cognizable offense starts as soon as the data is gathered and documented. Warrants arrive later, along with all the formalities of the magistrate's order. The police officer is tasked with locating the culprit, apprehending them, and gathering information on the case's circumstances.

Section 468 of the Cr.P.C. does not clearly set a deadline for the conclusion of an inquiry into heinous offenses, but under Article 21, the Indian Constitution's guarantee of the right to freedom, one can always petition the Supreme Court for an undue delay in the investigation process.

Search and Production of Documents

The police have the right to conduct a search for a cognizable offense if they think it is necessary throughout the investigation. He can also provide orders to produce papers or issue them himself that are related to the case.

Arrest

When someone is placed under physical confinement because they have been accused of a cognizable offense, this is referred to as arrest. For someone to be arrested, three conditions must be met:

• Desire to make an arrest when in a position of authority,
• Arrest in compliance with the law, and
• The individual who was detained is aware of his rights and knows why he was arrested.

A warrant is not needed for an arrest in cases of cognizable offenses. This might be accomplished by leveling accusations that are unavoidably harmful or grave. The police are required to get an arrest warrant for the individual under custody within twenty-four hours following the arrest. The police have a whole day to look into the incident and interrogate the suspect.

Remand

When a person is arrested by the police for a crime and the investigation is not finished in a day, the police file a formal request with the judge asking him to extend the accused's detention in police custody; if not, the accused must be released. Remand requests may be granted for a maximum of 14 days while the person is being held by the police.

Statement of Witness

In the course of the inquiry, the parties involved in the case—essentially, the accused and the witnesses—are questioned, and their accounts of what happened are documented.

Medical Examination

It is the responsibility of the police officer to arrange for a medical examination to be done as soon as possible after the offense is reported, especially in cases of rape, molestation, or other crimes where one is required.

Chargesheet

Upon completion of an investigation into a cognizable offense, a police officer submits a report to the magistrate detailing the evidence the investigator believes warrants further prosecution of the accused. This report contains F.I.R., police-recorded witness testimonies, party identities, a summary of the facts and information obtained by the I.O. during the investigation, and more.

Inquiry

The judge renders no ruling at this point in the investigation. Once a preliminary conclusion is reached, the parties are free to take additional action, such as entering a guilty plea, etc. Witnesses must typically appear in court at this point, take an oath, and then testify about what they saw and said to the police while the investigation was on.

Trial

The main feature of the trial is that all of the witnesses will testify under oath and provide the same testimony in court. There are many categories in the trial:

• A magistrate trial in a warrant case
• A magistrate is holding a summons case trial.
• The trial began with the admission of a police report and
• Trial by Sessions.

Since warrant cases and session cases handle more severe and horrific offenses, they are typically used for trials involving cognizable offenses.

Judgment

The judgment includes the issues to be decided, the conclusion reached on those issues, and the reasoning behind the conclusion based on the accused's and the witnesses' cross-examination and examination.

Punishment

Given the seriousness and heinousness of the offenses involved, sentences for cognizable cases often last longer than three years and can even include the death penalty or life in prison.

Distinction Between Cognizable And non cognizable offence

Here are the differences between cognizable and non-cognizable offenses:

Landmark Judgements On non cognizable offence

Here are the landmark judgments on non-cognizable offenses:

A petition challenged the Central Excise Act of 1944, which categorized some acts as non-cognizable, in Om Prakash and Anr v. Union of India (2011). The petition questioned whether these offenses should be subject to bail and contended that the restrictions were capricious. The Court looked into whether the Act's violations were punishable by law or not, as well as whether they qualified for bail. The Court upheld Section 41 of the CrPC, 1973, which specifies the circumstances for arrests with or without a warrant, holding that police or excise officials cannot make an arrest for a crime that is not cognizable without a proper arrest warrant.

The prosecution was presented with evidence in Dr. Kamal Kishore Kalra v. State of the NCT of Delhi (2008) regarding the pilfering of government-issued medications, which was deemed a crime not punishable under the Delhi Police Act, 1978. Nonetheless, the investigation was carried out by the police without the magistrate's approval, which is necessary for non-cognizable offenses. The validity of conducting an inquiry without the magistrate's consent was a matter that the Court considered. The Court determined that the police report might be regarded as a complaint by the police officer, so validating the investigation process, if the inquiry started under the procedure for a cognizable offense but was later found to be non-cognizable.

The public prosecutor filed an appeal in Public Prosecutor v. Ratnavelu Chetty (1926) against the respondent's session court acquittal on charges he had made that were untrue. The main question was whether a charge sheet for an offense that was not identifiable may be used as a report. The Court decided that since only a magistrate has the authority to start legal proceedings, police must notify one when they learn of a non-cognizable offense. In addition, when filing a complaint with a magistrate, some requirements need to be fulfilled, such as providing a sworn statement. The magistrate also possesses the power to reject the complaint in accordance with Section 203 of the CrPC, 1973.

FAQ

Q1: Can FIR be made for non-cognizable offenses?

No, an FIR (First Information Report) cannot be registered for non-cognizable offenses. Instead, a complaint is filed with the police, who may seek permission from a magistrate to investigate.

Q2: What are examples of non-cognizable offenses?

Examples of non-cognizable offenses include defamation, public nuisance, and assault. These are generally considered less serious crimes that do not warrant immediate police action.

Q3: Is a non-cognizable offense bailable?

Yes, non-cognizable offenses are typically bailable, meaning the accused has the right to obtain bail, often under less restrictive conditions compared to cognizable offenses.

Q4: What is the punishment for non-cognizable offenses?

The punishment for non-cognizable offenses varies based on the specific offense but generally involves lighter penalties, such as fines or short-term imprisonment, as defined in the Indian Penal Code, 1860.

About The Author:

Adv. Pushkar Sapre serves as an Additional Public Prosecutor, bringing over 18 years of legal experience to the Shivaji Nagar Court, where he has been practicing since 2005-06. Specializing in Criminal, Family, and Corporate Law, Adv. Sapre holds a B.Com LL.B degree and has successfully handled numerous high-profile and sensitive cases on behalf of the Government of Maharashtra. His expertise extends to environmental law, having represented clients before the National Green Tribunal.