The offence in which the police suo motu takes cognizance of crime and also does not need approval of court, known as a cognizable offence. While, in non-cognizable, police has no authority to arrest a person for crime on its own, without prior approval of court. Through this article, the difference between the two offences has been highlighted and so is the role of police when either a cognizable or non-cognizable offence is committed.
The object of Criminal Procedure Code is to provide machinery for the punishment of offenders against the substantive Criminal law.
In layman's language, the Criminal Procedure Code lays (CrPC) the rules for conduct of proceedings against any person who has committed an offence under any Criminal law, whether it is I.P.C or other Criminal law.
TYPES OF OFFENCES COVERED
All such offences are covered by Criminal Procedure Code (CrPC), which are mentioned in Indian Penal Code. For example Murder, Theft, Kidnapping, Rape, Forgery, etc.
The legal meaning and whether an act will constitute a criminal offence or not is provided in the I.P.C. The Procedure of initiating proceeding/Prosecution for a criminal offence is provided in Criminal Procedure Code(CrPC). CrPC provides the manner and place, where investigation inquiry and trial of an offence shall take place.
CLASSIFICATION OF OFFENCES
Depending on the nature and gravity of an offence's if they can be classified under any of the following heads:
- Bailable and non-bailable offence
- Cognizable and non-cognizable offence.
- Compoundable and non-compoundable offence
Difference between Cognizable and non-cognizable offence
- The offence in which the police suo motu takes cognizance of crime and also does not need approval of court, known as a cognizable offence. While, in non-cognizable, police has no authority to arrest a person for crime on its own, without prior approval of court.
- In cognizable, the police can arrest a person without any warrant. While, in case of non-cognizable offence, a warrant must needed for arrest of person.
- In cognizable, courtâ€™s order is not required to start an investigation. Conversely, in the non-cognizable offence, first of all, courtâ€™s order should be obtained for undertaking an investigation.
- Cognizable are heinous crimes, whereas non-cognizable offences are not so serious.
- Cognizable encompasses murder, rape, theft, kidnapping, counterfeiting, etc. On the contrary, non-cognizable offences include offences like forgery, cheating, assault, defamation and so forth.
- For a cognizable, one can file FIR or make a complaint to the magistrate. Unlike, in case of non-cognizable offence one can only make a complaint to the magistrate.
Role of Police to Investigate in Cognizable Offences:
A Cognizable offence is an offence in which a police officer can arrest without warrant and without orders of a magistrate in accordance with a first schedule or any other law time being in force. The Cognizable offences are serious in nature such as Rape, Murder, Dowry death, Kidnapping, Theft, Criminal Breach of Trust, Waging or attempting to wage war or abetting the waging of war against the government in India.
In these types of offences, a police officer can arrest immediately once the offence is committed. He can also conduct a preliminary inquiry before registering FIR police can make an arrest and produce before a magistrate. In Lalitakumaraiv Government of U.P , The Supreme court of India held that the police must compulsorily register the FIR on receiving a complainant if the information discloses a cognizable offence and no preliminary inquiry is permissible in such situation. According to Section 156(3) Criminal Procedure Code, any magistrate empowered under section 190 of the Criminal Procedure Code can order a police officer in charge of a police station to investigate cases.
The Officer in charge of Police also has power for Medical Examination of the victim of rape. Under Section 167 of the Criminal Procedure Code Where an investigation is not complete within 24 hours. Police custody is given a maximum of up to 15 days. This is called as Police custody or else the Police custody is beyond 15 days and if the reasonable grounds to be satisfied the detention should not exceed 90 days only the offences relates to the most serious crime punishments like punishable with death, life imprisonment, or 10 years imprisonment and also detention should not exceed 60 days in case of other offences.
Role of Police to Investigate in Non Cognizable Offences:
According to section 2(l), Non Cognizable offence means an offence for which means a case in which, a police officer has no authority to arrest without warrant. A police officer cannot arrest the accused without a warrant and cannot start an investigation. The officer in charge of police should take an order under section 155(2)from the magistrate. The crimes are Assault, forgery, cheating, Defamation and public nuisance etc. are comes under non-cognizable offences. In such offences, the following steps has to satisfied for making arrest such as Filing of Complainant, Investigation, Charge sheet, Charge sheet to be filed in court and trial. The aggrieved party has to lodge the complaint in the concerned police station to initiate an investigation. Once the investigation is complete the police officer is supposed to file the charge sheet in the court. The police officer has to collect the deficient evidence in the form of documents after the trial the court will pass orders regarding the issues of a warrant to arrest the accused.
The role of the police is pivotal while exercising the power of police should be in honest and genuine and not in arbitrary. If information of cognizable offence is received by the police officer immediately he should file an FIR without any delay because the state has a duty to take cognizance the commission of cognizable case. The police officer has to maintain law and order in society. The mere registration of FIR is not enough when the cognizable offence occurs the crime should be investigated in a proper manner. The separate FIR department should establish because of the political influence over the police results into the favour of accused and injustice to aggrieved parties. In non-cognizable offence, the public and voluntary agencies can help the victim in getting FIR lodged. There should be no partial difference between Cognizable and Non-cognizable offence and should be made compulsory registration of all crimes.
#tags: Cognizable Offence, Non Cognizable Offence
January 22, 2021