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.
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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