Procedure by police when charges are cognizable and non cognizable

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COGNIZABLE OFFENCES: Section 2 (c) of the Criminal Procedure Code, 1973 defines Cognizable offences. Cognizable offence/case means a case in which, a police officer may arrest without warrant, as per the First Schedule of the Criminal Procedure Code, 1973 or under any other law for the time being in force. Cognizable offenses are usually offenses which are serious in nature. Like for example: • Waging or attempting to wage war, or abetting the waging of war against the government of India, • Murder, • Rape, • Dowry Death, • Kidnapping, • Theft, • Criminal Breach of Trust, • Unnatural Offenses. Section 154 of the Criminal Procedure Code, 1973 provides that under a cognizable offence the Police Officer has to receive the First Information Report (FIR) relating to the cognizable offense. Police Officer’s Power to Investigate Cognizable Cases Any officer-in-charge of a Police Station, without the order of a magistrate, investigate any cognizable case which a court having jurisdiction over the local area within the limits of such station would have power to inquire into or try under the provisions of the Criminal Procedure Code. 1973. NON COGNIZABLE OFFENCES: A non-cognizable offence has been defined in Section 2(l) of Criminal Procedure Code 1973. Non-cognizable offence means an offence for which, and `non-cognizable case’ means a case in which, a police officer without any warrant has no authority to arrest. Non-Cognizable offenses are not much serious in nature. Example- • Assault, • Cheating, • Forgery, • Section 155 of Criminal Procedure Code 1973 provides that in a non-cognizable offense or case, the police officer cannot receive or record the FIR unless he obtains prior permission from the Magistrate. In case of Non-Cognizable offence, it is important for the police officer to obtain the permission from the Magistrate to start the investigation. In such offences for arrest, following steps have to be followed: 1. Filing of complaint/F.I.R. 2. Investigation 3. Charge sheet, 4. Charge sheet to be filed in court 5. Trial 6. Final order of arrest if case has been made out. 7. Kunhumuhammed v. State of Kerala the court held that the report of a police officer following an investigation contrary to S. 155(2) could be treated as complaint under S. 2(d) and S. 190(1)(a). It is necessary that at the commencement of the investigation the police officer is led to believe that the case involved the commission of a cognizable offence or has a doubt about the same and investigation establishes only commission of a non- cognizable offence. Ordinarily a private citizen intending to initiate criminal proceedings in respect of an offence has two courses open to him. He may lodge an FIR before the police if the offence is cognizable one; or he may lodge a complaint before a competent judicial magistrate irrespective of whether the offence is cognizable or non-cognizable. In Chinnaswami v. Kuppuswami, it was observed that the object of the Code is to ensure the freedom and safety of the subject in that it gives him the right to come to court provided he considers that a wrong has been done to the Republic or him and be a check upon police vagaries.

Advocate Siddhant Sharma LawRato