Difference between Cognizable and Non-Cognizable Offence

Cognizable offenses and Non-Cognizable offenses are two different kinds of offenses. A cognizable offense is one where the police can arrest without a warrant, while a non-cognizable offense requires a warrant for arrest. In our country, laws are mainly defined in two parts; i.e. Substantive Law and Procedural Law. The Code of Criminal Procedure, 1973 is the procedural law of our country. This law defines how people can approach the court to get justice, it also clarifies between different types of offenses, the process of arresting a person, and how to get bail from the court.

What is Cognizable Offence?

The Code of Criminal Procedure, 1973 defines cognizable offense under section 2(c). As per Section 2(c), a cognizable offense means an offense in which a cognizable case is registered. In this, the police can arrest any person without a warrant as specified in Schedule I of the act. Cognizable offences are more grave and serious and the police officers are allowed by the law to arrest any person in such case without a warrant or written permission of the court. Offenses such as murder, kidnapping, rape, etc. fall under cognizable offenses and in these cases, police can arrest the suspect without any warrant. The punishment for cognizable offenses is mostly more than 3 years and can be extendable up to life imprisonment or death as per the discretion of the court. In these offenses, the accused cannot get bail from the police station as these offenses are nonbailable. The accused can further apply for bail in court and it is at the discretion of the court whether they want to give bail to the accused of a cognizable offense or not.

Key Features of Cognizable Offences:

• Cognizable offenses allow police to arrest without a warrant for serious crimes like murder and rape.
• Punishments for cognizable offenses typically exceed three years, possibly resulting in life imprisonment or death.
• Accused individuals cannot obtain bail directly from the police station for cognizable offenses.
• Bail for cognizable offenses is at the discretion of the court, not the police.

What is Non-Cognizable Offence?

The Code of Criminal Procedure, 1973 defines non-cognizable offense under Section 2(l). As per Section 2(l), Non-Cognizable offence means an offence in which a non-cognizable case is registered and in this, the police do not have the power to arrest any person without a warrant as specified in Schedule I of the act. In our country offenses are differentiated as per the severity of the case and they are categorized as cognizable and non-cognizable offenses. Non-cognizable offences are less grave and serious and the police officers are not allowed by the law to arrest any person in such case without a warrant or written permission of the court. Offenses such as battery, forgery, cheating, etc. fall under non-cognizable offenses and in these cases, police cannot arrest the suspect without a warrant. The punishment for non-cognizable offenses is mostly less than 3 years.

Key Features of Non-Cognizable Offences:

• Non-cognizable offenses require a warrant for arrest and are less serious in nature, such as battery or forgery.
• Police lack the authority to arrest individuals without a warrant for non-cognizable offenses.
• Punishments for non-cognizable offenses generally entail sentences of less than three years.
• Bail for non-cognizable offenses is typically sought directly from the police station, subject to their discretion.

Difference Between Cognizable and Non-Cognizable Offence

Basis	Cognizable Offence	Non-Cognizable Offence
Meaning	Those offenses in which police can arrest without a warrant or written permission of the court are known as cognizable offenses.	Those offenses that police cannot arrest without a warrant or written permission of the court are known as non-cognizable offenses.
Provision	It is given under Section 2(c) of The Code of Criminal Procedure, 1973.	It is given under Section 2(l) of The Code of Criminal Procedure, 1973.
Nature of Offence	Cognizable offences are acts against the state and because of that state or central government becomes a party in the case.	Non-cognizable offences are acts against a private person, hence he/she can initiate the case against the other person.
Investigation Procedure	The procedure of investigation in case of a cognizable offense is given under Section 156 of the Code of Criminal Procedure, 1973.	The procedure of investigation in case of a non-cognizable offense is given under Section 155 of the Code of Criminal Procedure, 1973.
Power	In case of a cognizable offense a police officer has the power to start an investigation after they have registered a FIR.	In case of a non-cognizable offense, a police officer cannot start an investigation before they get written permission from a magistrate.
Arrest	In case of a cognizable offense, a police officer has the power to arrest the accused without a warrant or written permission.	In case of a non-cognizable offense, a police officer does not have the power to arrest the accused without a warrant or written permission.
Seriousness	All crimes are serious but cognizable offences are more grave than non-cognizable offences.	Non-cognizable offenses are less grave than cognizable offenses.
Punishment	The punishment for cognizable offenses is mostly more than 3 years and can be extendable up to life imprisonment or death as per the discretion of the court.	The punishment for non-cognizable offenses is mostly less than 3 years.
Provision of Bail	In Cognizable offenses, the accused cannot get bail from the police station as these offenses are non-bailable. The accused can further apply for bail in court and it is at the discretion of the court whether they want to give bail to the accused of a cognizable offense or not.	In Non-Cognizable offenses, the accused can get bail from the police station as these offenses are bailable.
Provision of Compounding	Compounding or compromising in case of a cognizable offense is very difficult as the offenses are very serious.	Compounding or compromising in case of a non-cognizable offense is easy as compared to cognizable offenses as offenses involved in this are less serious.
Public Pressure	As cognizable offenses are more highlighted in media so public also puts pressure on the police to take necessary action.	Non-cognizable offenses do not create more media attention so people generally do not know more about such cases.
Examples	Murder, kidnapping, rape, etc.	Battery, forgery, cheating, etc.

Conclusion

In our country, the Code of Criminal Procedure, 1973 lays out the rules and regulations that are to be followed while dealing with Cognizable and Non-Cognizable offenses. Different rules are to be followed while dealing with a Cognizable case than a Non-Cognizable case. In a cognizable case, the most important thing is to apprehend the accused as there is a chance that if the accused is roaming free in the society then he might pose a risk to the other members of the society. Because of these reasons, the act allows the police to arrest the accused without any warrant or written order. If the police wait for a warrant or written order in case of a cognizable offense, then the accused might fly away and pose a risk to society. In case of a Non-Cognizable offence, a warrant or a written order is needed because there is no imminent threat to the people of the society.

Difference Between Cognizable and Non-Cognizable Offence- FAQs

What is the main difference between cognizable and non-cognizable offenses?

Cognizable offenses are more serious crimes where the police can make an arrest without a warrant, while non-cognizable offenses are less severe and require a warrant for arrest.

What types of crimes are typically classified as cognizable offenses?

Offenses such as murder, kidnapping, rape, and other grave crimes fall under the category of cognizable offenses due to their serious nature.

Can someone be arrested without a warrant for a non-cognizable offense?

No, for non-cognizable offenses, the police must obtain a warrant from the court before making an arrest.

How does the severity of punishment differ between cognizable and non-cognizable offenses?

Cognizable offenses usually carry punishments exceeding three years, which may include life imprisonment or even the death penalty. On the other hand, punishments for non-cognizable offenses are typically less severe, often involving sentences of fewer than three years.

Where can an accused individual seek bail for cognizable and non-cognizable offenses?

For cognizable offenses, bail must be sought from the court as it’s typically not granted at the police station. However, for non-cognizable offenses, bail can often be sought directly from the police station, subject to their discretion.

Also refer to: Difference between Bailable and Non-Bailable Offence

Note: The information provided is sourced from various websites and collected data; if discrepancies are identified, kindly reach out to us through comments for prompt correction.