What is the difference between Cognizable offence and Non-cognizable offence?
They are usually offenses which are serious in nature. Examples offences.
- Waging or attempting to wage war, or abetting the waging of war against the government of India,
- Dowry Death,
- Criminal Breach of Trust,
- Unnatural Offenses.
Section 154 of the Criminal Procedure Code, 1973 provides that under a cognizable offence the Police Officer has to receive the First Information Report (FIR) relating to the cognizable offence.
Examples of Non-Cognizable offenses. These offences are not much serious in nature.
Difference between Cognizable and non-cognizable offence
- The offence in which the police suo motu takes cognizance of crime and also does not need approval of court, known as a cognizable offence. While, in non-cognizable, police has no authority to arrest a person for crime on its own, without prior approval of court.
- In cognizable, the police can arrest a person without any warrant. While, in case of non-cognizable offence, a warrant must needed for arrest of person.
- In cognizable, court’s order is not required to start an investigation. Conversely, in the non-cognizable offence, first of all, court’s order should be obtained for undertaking an investigation.
- Cognizable are heinous crimes, whereas non-cognizable offences are not so serious.
- Cognizable encompasses murder, rape, theft, kidnapping, counterfeiting, etc. On the contrary, non-cognizable offences include offences like forgery, cheating, assault, defamation and so forth.
- For a cognizable, one can file FIR or make a complaint to the magistrate. Unlike, in case of non-cognizable offence one can only make a complaint to the magistrate.