As we know that in Criminal Procedure Code, the offences are divided into two categories, i.e.
👉Cognizable Offence,
and
👉Non-Cognizable
Offence
Cognizable offence is an
offense in which a police officer has the power to arrest any person without
warrant and without obtaining an order from the court, and may also initiate an
investigation with or without the permission of the court.
Whereas, Non-cognizable
offense is an offense in which the police officer is not empowered to arrest
any person without warrant and without obtaining prior order from the court,
and also cannot initiate investigation without the permission of the court.
It
means that, a serious offence is a cognizable offence and a minor offence is a
non-cognizable.
Under section 154 of the
Code of Criminal Procedure, a police officer is bound to register an FIR in
cognizable offences.
Other side, under Section
155 of the Criminal Procedure Code, a police officer is not competent to
register FIR in non-cognizable offences without the prior permission of the
Magistrate.
FIR means First
Information Report and NCR means Non-cognizable Report.
Difference between FIR
and NCR
➣An FIR is registered by
the police on receipt of information about the commission of a cognizable
offense i.e. when the offense is very serious in nature.
Whereas, a NCR is
prepared by the police on receipt of information about the commission of a
non-cognizable offence, i.e. when the offence is not very serious in
nature.
➣FIR is
needed to be register in a Criminal offence only, whereas NCR is generally used
when you lost something, so that the lost item cannot be misused by others.
➣If
someone steals your lakhs of rupees, then the police will register FIR, but if
you lost your purse of Rs.50,000/- or more then the police will cut NCR.
➣Once
the FIR is registered, the police are legally bound to initiate the
investigation of the case, but if NCR is made then the police are not bound to
investigate the case.
➣An FIR
is presented in the court, whereas the NCR is confined to the records of the
police station only.
➣After
registering an FIR, a police gets the right to arrest without warrant, whereas
after registering the NCR, the police do not get the right to arrest.
How
an F.I.R is registered?
When
you give the information about an incident to the police, and if the case is of
cognizable nature i.e. a serious offense like murder, then police will register
an FIR and a free copy of the FIR will be given to you free of cost.
How
an NCR is registered?
When
you give the information about an incident to the police, and if the case is of
non-cognizable nature i.e. a minor offense like lost of any item, then police
will register an NCR and not FIR, and a free copy of the NCR will be given to
you free of cost.
What
is the process after registration of FIR?
Once
the FIR is registered by the police on the basis of your information of the
incident, then the police start investigation which includes collecting
evidence, inspection of the crime scene, recording statements and forensic
testing etc.
If
the offense is dangerous, then the police can arrest the accused without a
warrant, and as per Section 167 of the Criminal Procedure Code the police is
required to complete the investigation within a period of 90 days.
If
there is sufficient evidence of the commission of the offence, then the police
can file the charge sheet before the Court with the request to take the
cognizance of the offence.
If
there is insufficient evidence of the commission of the offence, then the
police can file a closure report before the Court with the request to close the
case.
What
is the process after registration of NCR?
Once
the NCR is registered by the police on the basis of your information of the
incident, then the police start investigating and searching the case.
If
the property stolen or lost is recovered during investigation or search, then
on the basis of NCR, the police will hand over that property to you after
completion of legal formalities.
If
the stolen or lost property is not recovered during the search, then in such a
situation, in its report, the police file an untraceable report before the
court after stating that the property has not been recovered.
When
NCR is registered by the police?
➤In case of theft or loss
of mobile, documents
➤In case of quarreled with
someone
➤In case of abuse
➤In case of disturbance of
peace
➤In case of other minor
offenses
When
FIR is registered by the police?
➤In case of Murder
➤In case of Dowry death
➤In case of Kidnapping
➤In case of unnatural
offenses
➤In case of very serious offenses
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