Role of Police in Cognizable Offences and Non-Cognizable Offences
By Shagun Mahendroo
What is the difference between a cognizable and a non-cognizable crime?
A cognizable offence is one in which the police take cognizance of a crime on their own initiative and without the requirement for court approval. In non-cognizable, police have no jurisdiction to arrest a person for a crime without first obtaining judicial consent.
The police can arrest someone without a warrant if they are cognizable. In the case of a non-cognizable offence, a warrant is required for arrest.
A court order is not required to begin an investigation in cognizable. In the case of a non-cognizable offence, however, a court order is required before an inquiry can begin.
Major crimes that are cognizable are the most serious, whereas non-cognizable offences are less serious.
Murder, rape, theft, kidnapping, counterfeiting, and other crimes are all considered cognizable. Non-cognizable offences, on the other hand, include forgery, cheating, assault, defamation, and so on.
One can submit a FIR or make a complaint to the magistrate for a cognizable offence. In contrast, in the instance of a non-cognizable offence, the only recourse is to file a complaint with the magistrate.
A cognizable offence is one for which a police officer can make an arrest without a warrant or without the approval of a magistrate under the terms of a first schedule or any other law in effect at the time. Rape, Murder, Dowry Death, Kidnapping, Theft, Criminal Breach of Trust, Waging or attempting to wage war or abetting the waging of war against the Indian government are examples of cognizable offences.
When these types of offences are committed, a police officer has the authority to make an arrest right away. Before filing a FIR, he can undertake a preliminary investigation. Police can also make an arrest and bring the suspect before a magistrate. The Supreme Court of India declared in Lalita kumarai v Government of U.P. that the police must compulsorily register the FIR upon receiving a complainant if the information discloses a cognizable offence, and that no prior investigation is permitted in such a case. Any magistrate authorised under Section 190 of the Criminal Procedure Code can instruct a police officer in charge of a police station to investigate charges, according to Section 156(3) of the Criminal Procedure Code.
If an investigation is not completed within 24 hours, it may be prosecuted under Section 167 of the Criminal Procedure Code. A maximum of 15 days in police custody is allowed. This is known as police custody, and if reasonable grounds are established, detention should not exceed 90 days for only the most serious crimes punishable by death, life imprisonment, or ten years in jail, and detention should not exceed 60 days for all other offences.
According to section 2(l), a non-cognizable offence is one for which a police officer does not have the right to arrest without a warrant. Without a warrant, a police officer cannot arrest the suspect or initiate an inquiry. The police officer in charge should seek an order from the magistrate under section 155(2). Non-cognizable offences include assault, forgery, cheating, defamation, and public annoyance, among others. For making an arrest in such cases, the following stages must be completed: filing of a complaint, investigation, charge sheet, charge sheet to be filed in court, and trial.
To begin an investigation, the aggrieved party must file a complaint with the appropriate police station. The police officer is responsible for filing the charge sheet in court once the investigation is completed. After the trial, the court will give orders for the issuance of a warrant to arrest the accused, which the police officer must gather in the form of paperwork.