Cognizable Offence vs. Non Cognizable Offence

Attribute	Cognizable Offence	Non Cognizable Offence
Definition	Offence for which a police officer has the authority to make an arrest without a warrant and to start an investigation with or without the permission of a court	Offence for which a police officer does not have the authority to make an arrest without a warrant and cannot start an investigation without the permission of a court
Severity	Generally more serious offences	Generally less serious offences
Procedure	Police can arrest without a warrant and start an investigation immediately	Police cannot arrest without a warrant and need court permission to start an investigation
Examples	Murder, robbery, kidnapping	Simple assault, defamation, public nuisance

Definition

Cognizable offences are serious crimes in which the police can make an arrest without a warrant and start an investigation without the need for a court order. These offenses are usually more severe in nature and require immediate police intervention. Non-cognizable offences, on the other hand, are less serious crimes where the police cannot make an arrest without a warrant and require a court order to start an investigation.

Severity

Cognizable offences are considered more severe than non-cognizable offences. These crimes often involve violence, major financial fraud, or other serious criminal activities that pose a threat to public safety. Non-cognizable offences, on the other hand, are typically minor infractions such as petty theft, defamation, or simple assault.

Police Powers

When it comes to cognizable offences, the police have more authority to take action immediately. They can arrest the accused without a warrant, conduct searches, and start an investigation without seeking permission from the court. In the case of non-cognizable offences, the police do not have the power to make an arrest without a warrant and must seek approval from the court to proceed with the investigation.

Legal Process

For cognizable offences, the legal process is usually faster and more straightforward. The police can take immediate action, gather evidence, and file charges against the accused without delay. In contrast, non-cognizable offences require a more formal legal process. The police must first obtain a warrant from the court before making an arrest or conducting an investigation.

Complaints

When it comes to cognizable offences, anyone can file a complaint with the police, and the authorities are obligated to take action. The police can also take suo moto action if they witness a cognizable offence taking place. In the case of non-cognizable offences, the police cannot take action unless a formal complaint is filed by the victim or a witness.

Bail

In cognizable offences, the accused may have to apply for bail if they are arrested without a warrant. The decision to grant bail is usually at the discretion of the court. For non-cognizable offences, the accused can apply for bail immediately after being arrested, and the court will decide whether to grant it based on the circumstances of the case.

Examples

Examples of cognizable offences include murder, rape, kidnapping, and robbery. These crimes are considered serious and require immediate police intervention. Non-cognizable offences, on the other hand, include offenses like defamation, simple assault, and minor theft. While these crimes are still illegal, they are not as severe as cognizable offences.