COGNIZABLE AND NON-COGNIZABLE OFFENCES

Schedule I of CrPC which refers to all the offences under the Indian Penal Code and puts them into cognizable and non-cognizable categories.

Cognizable offence:

• Cognizable offenses are of much serious nature. 
• In a Cognizable offense, the police officer can arrest a person without a warrant. 
• A cognizable offense is defined under section 2 (c) of the CrPC. 
• The moment it is intimated to the police that any offense which is cognizable in nature has been committed in its local jurisdiction, the police are bound to register an FIR under section 154 of the CrPC.  
• The seriousness of the offence leads for maximum punishment. A cognizable offense is an offense which is punishable with imprisonment for 3 years or more. 

• A complaint can also be given to a Magistrate and the Magistrate orders the officer in- charge and forwards the complaint. The officer then registers the FIR. 
• In a cognizable offense, the police can start the investigation immediately after filing the FIR. No permission from the Magistrate is required.
• offenses which are serious in nature examples offences-

1. Waging or attempting to wage war, or abetting the waging of war against the government of India,
2. Murder,
3. Rape, 
4. Dowry Death,
5. Kidnapping,
6. Theft,
7. Criminal Breach of Trust,
8. Unnatural Offenses.

Non Cognizable offence:

• Non Cognizable offenses have been defined under section 2 (I), of Cr.PC. as an offense. 
• A police officer has no authority to arrest without warrant.
• Such offences are minimal offences where the injury done to the society is comparatively small. 
• The aggrieved party expected to file a complaint before criminal proceedings starts.
• There are punishable with imprisonment for less than 3 years or with fine only.
• A police officer cannot arrest without a warrant and such an officer has neither the duty nor the power to investigate into such offences without the authority given by a Judicial Magistrate.

• These offences are not much serious in nature like 

1. Assault,
2. Cheating,
3. Forgery

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