Can discharge application be rejected if offence is non cognizable

951 votes

in this case you need to see a good lawyer and file a discharge application by including your contentions and arguments. further, it depends upon the magistrate that whether he accepts your application or rejects it. no one can decide what a magistrate will do. from your side you can prepare your arguments well.

Advocate Siddhant Sharma LawRato

630 votes

Yes it can be depending on the evidence on record before the Magistrate. You need to provide with stronger documents in order to get discharged but the same will be subject to evidence, therefore, getting discharged is difficult

Advocate Suparna Sinha LawRato

889 votes

For your query to be answered it is important to understand that there are two kinds of cases i.e. Summons case and a warrant case.
Summons Case and Warrant Case
As per Section 2(w), "summons-case" means a case relating to an offence, and not being a warrant-case and as per Section 2 (x), "warrant-case" means a case relating to an offence punishable with death, imprisonment for life or imprisonment for a term exceeding two years. Cr P C classifies an offence as either cognizable or non-cognizable, and a trial procedure as summons case or warrant case. Thus, the terms summons case and warrant case are in reference to the procedure adopted for the trial of the case. Thus, the difference between the two can be seen from the point of view of their trial procedures as highlighted below - A Summons case relates to a case where the punishment prescribed is upto two years, also in so far as discharge is concerned a discharge is not permissible in a summons case as per the provisions of Cr.P.C. In so far as warrants case are concerned a discharge is permissible. So therefore whether the offence being cognizable or non cognizable, whether discharge is permissible or not will depend upon it being a summons or warrant case.

also for your understanding find below difference between cognizable and non cognizable offences

Cognizable offence and Non-cognizable offence

Cognizable offence
Defined in Section 2(c) - "cognizable offence" means an offence for which, and "cognizable case" means a case in which, a police officer may, in accordance with the First Schedule or under any other law for the time being in force, arrest without warrant.
Examples - Murder, Dowry death, grevious hurt, theft.

Non Cognizable offence
Defined in Section 2(l) - "non-cognizable offence" means an offence for which, and "non-cognizable case" means a case in which, a police officer has no authority to arrest without warrant.
Example - keeping a lottery office,voluntarily causing hurt, dishonest misappropriation of property.

Police has to record information about a cognizable offence in writing as per Section 154. As per Section 155, Police has to enter information in register prescribed for it and refer the informant to a magistrate.
Police can start investigation without the order of a magistrate.

in non cognizable offence Police officer cannot investigate the case without the order of a magistrate.
In general, cognizable offences are of serious nature which involve imprisonment of more than three years. However, there is no such precise rule. To be cognizable, an offence must be declared so by the law defining that offence. Several offences which carry less prison term such as rioting (2 yrs) have been declared cognizable, while several with bigger prison term such as False Evidence (7 yrs) or Rape by a man with his own wife of not less than 12 yrs have been declared non-cognizable.

Advocate Sanat Tokas LawRato