The difference of cognizable and non-cognizable offence ?
Guest
(Querist) 07 August 2010
This query is : Resolved
Tell me what is the difference between these two ,if there is any ?
A V Vishal
(Expert) 07 August 2010
Crime can be Cognizable or Non-Cognizable Difference between a cognizable and a non-cognizable offence is that in a non-cognizable offence the Police cannot arrest a person without orders of the court, i.e. without a Court warrant and can investigate into the case only on the express directions of the court to that effect. Therefore, the experience is that in a non-cognizable offence the Police Station officer records the complaint as a non-cognizable offense, commonly referred as a N.C., and advises the complaint or victim to apporach the court for further directions.
In a cognizable offense the police can take cognizance of the offense on its own i.e. it need not wait for the court orders as the law envisages that in such offences permission of the court to the police to investigate the crime is implicit.
adv. rajeev ( rajoo )
(Expert) 07 August 2010
in Non-Cognizable offenses police cannot arrest the accused without the court order, but in cognizable offense a police officer can arrest without any court orders. Such cases are mainly, murder, attempt to murder, rape and in heinous offences
Joy Bose
(Expert) 27 February 2020
Hello,
1. Meaning
Cognizable Offence - Cognizable offense is one in which the police are authorized to take cognizance of the crime at its own.
Non- Cognizable Offence - non-cognizable offenses refer to the offenses in which the police have no authority to apprehend a person for the crime on its own.
2. Arrest
Cognizable Offence - Without a warrant.
Non- Cognizable Offence - Requires a warrant.
3. Approval of Court
Cognizable Offence - Not required to begin an investigation.
Non- Cognizable Offence - Prior approval of the court is required to begin an investigation.
4. Offense
Cognizable Offence - Heinous
Non- Cognizable offense - Comparatively less heinous
5. Includes
Cognizable Offence - Murder, rape, theft, kidnapping, etc.
Non- Cognizable Offence - Forgery, cheating, assault, defamation, etc.
6. Petition
Cognizable Offence - FIR, and complaint.
Non- Cognizable Offence - Complaint only.
Regards,
Joy Bose
Raj Kumar Makkad
(Expert) 27 February 2020
Expert Joy Boss has again dipped by 2 years and has started attending 10 years old query.
