Difference Between Cognizable and Non-Cognizable Offences
When dealing with police complaints or FIRs, people often hear the terms
cognizable and non-cognizable offences.
The difference between the two is crucial because it determines
police powers, FIR registration, and investigation procedure.
What Is a Cognizable Offence?
A cognizable offence is a serious offence where the police have the authority
to take action without prior court approval.
In cognizable offences:
- Police can register an FIR on their own
- Police can start investigation immediately
- Police can arrest the accused without a warrant (subject to law)
These offences generally involve serious threats to life, safety, or public order.
Examples of Cognizable Offences
- Serious physical assault
- Theft, robbery, or dacoity
- Kidnapping
- Serious criminal intimidation
(The exact classification depends on the facts and applicable law.)
What Is a Non-Cognizable Offence?
A non-cognizable offence is a less serious offence where
police action is more restricted.
In non-cognizable offences:
- Police cannot register an FIR on their own
- Police require court permission to investigate
- Arrest without warrant is generally not permitted
The law expects judicial supervision before police action in such cases.
Examples of Non-Cognizable Offences
- Minor assault without serious injury
- Defamation
- Public nuisance (in certain cases)
- Minor disputes without threat to safety
Key Differences Explained Simply
| Cognizable Offence | Non-Cognizable Offence |
|---|---|
| Serious nature | Less serious nature |
| FIR registered directly by police | Court permission required |
| Police can investigate immediately | Investigation only after court order |
| Arrest without warrant possible | Arrest without warrant generally not allowed |
Why Is This Difference Important?
Understanding this difference helps citizens know:
- Whether police must register an FIR
- Whether police can act immediately
- When court involvement is required
It also explains why police sometimes ask complainants
to approach the court in certain cases.
Can Police Refuse FIR in Non-Cognizable Offences?
Police do not register FIRs for non-cognizable offences in the same manner.
Instead, they may:
- Record the complaint
- Guide the complainant to approach the court
This is a procedural requirement, not necessarily a refusal.
Key Takeaway
The difference between cognizable and non-cognizable offences lies in
police powers and procedure, not merely the seriousness of the complaint.
Knowing this distinction helps avoid confusion
and ensures the correct legal route is followed.
This article is written by the academic team at Delhi Law Academy, Jaipur, for general legal awareness.
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❓ Frequently Asked Questions
💡 What is a cognizable offence?
A cognizable offence allows police to register FIR and investigate without court permission.
⚖️ What is a non-cognizable offence?
A non-cognizable offence requires court approval before police investigation.
🚓 Can police arrest without warrant in cognizable offences?
Yes, subject to legal safeguards.
📄 Can FIR be registered for non-cognizable offences?
Not directly. Court permission is required.
❓ Why does police ask to approach court sometimes?
Because the offence may be non-cognizable under law.
🔁 Can the same act be both?
It depends on facts and the law applied to the case.