cognizable and non cognizable offences rlating to matrimonia
Querist :
Anonymous
(Querist) 24 January 2010
This query is : Resolved
what are the cognizable and non cognizable offenes under matrimonial cases?what it means?what are the sections relating to it?
A V Vishal
(Expert) 24 January 2010
A cognizable offence is a case where the Police can arrest without a warrant. All cognizable cases involve criminal offences. Murder, Robbery, Theft, Rioting, Counterfeiting etc. are some examples of cognizable offences.
Non-cognizable offences are those criminal infractions, which are relatively less serious. Examples of non-cognizable offences include Public Nuisance, Causing Simple Hurt, Assault, Mischief etc.
The Police cannot register criminal cases or cause arrests with regard to non-cognizable offences. In all such cases, the Police have to take permission from a magistrate for registration of a criminal case.
S.493 A man by deceit causing a woman not lawfully married to him to believe that she is lawfully married to him and to cohabit with in that behalf. Imprisonment for 10 years, and fine. Non-Cognizable Non-Bailable
S.494 Marrying again during the lifetime of a husband or wife. Imprisonment for 7 years, and fine. Non-Cognizable Bailable
S.495 Same offence with concealment of the former marriage from the person with whom subsequent marriage is contracted. Imprisonment for 10 years, and fine. Non-Cognizable Bailable
S.496 A person with fraudulent intention going through the ceremony of being married knowing that he is not thereby lawfully married. Imprisonment for 7 years, and fine. Non-Cognizable Non-Bailable
S.497 Adultery. Imprisonment for 5 years, or fine, or both. Non-Cognizable Bailable
S.498A. Punishment for subjecting a married woman to cruelty. Imprisonment for 3 years, and fine. Cognizable if information relating to the commission of the offence is given to an officer in charge of a police station by the person aggrieved by the offence by any person related to her by blood, marriage or adoption or if there in no such relative, by any public servant belonging to such class or category as may be notified by the State Government in this behalf. Non-Bailable
