What is Cognizable and Non-Cognizable Offence? संज्ञेय और असंज्ञेय अपराध क्या है? قابلِ ادراک اور غیر قابلِ ادراک جرم کیا ہے؟

The general meaning of cognizable is “able to be apprehended”, AND Non-Cognizable means “not able to apprehended”.

Cognizable Offence

The offense in which police officer has authority to arrest a person without warrant and without getting orders from Court, and also can start investigation with or without the permission of the Court.

These offenses are generally serious or heinous in nature like Murder, Rape, dowry death and Kidnapping etc. and it is a non-bailable offense, and punishable with maximum punishment. 

    Under Section 154 of the Criminal Procedure Code, a police officer is bound to register FIR in Cognizable offenses. 

    According to Section 2© of Criminal Procedure Code, 1973 Cognizable offence means an offense for which and cognizable case means in which a police officer may in accordance with the First Schedule (Offences which are punishable with imprisonment for three years or more) or under other law for the time being in force arrest without warrant.

 

Non-Cognizable Offence 

 

    The offense in which police official has no authority to arrest a person without warrant and without getting prior orders from the Court, and also cannot start investigation without the permission of the Court. 

    The police official is not bound to register an FIR or even cannot register the FIR without prior permission of the Magistrate. 

These offenses are not generally serious, like cheating, forgery and assault etc., and an aggrieved party has to lodge a complaint in the police station for starting an investigation against the other party. It is a bailable offence. 

    Under Section 155 of the Criminal Procedure Code, a police officer is not competent to register FIR in non-cognizable offenses without the permission of the Magistrate. 

    According to Section 2(l) of the Criminal Procedure Code, 1973, non-cognizable offense means an offense for which, and non-cognizable case means a case in which, a police officer has no authority to arrest without warrant, and the police official has to take order under section 155(2) of the Criminal Procedure Code from the Magistrate.