Understanding the distinction between cognizable and non-cognizable offences is crucial in the context of Indian criminal law. Whether you’re a law student, a litigant, or seeking guidance from criminal advocates in Chandigarh, comprehending the nature of offences under the Bharatiya Nyaya Sanhita (BNS), 2023, and the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, is essential for navigating legal procedures.

Overview of Offences Under Indian Criminal Law

The Bharatiya Nyaya Sanhita (BNS), 2023, classifies offences based on the gravity of the crime, the procedure of arrest, and the role of the police. Two significant categories are:

  • Cognizable Offences
  • Non-Cognizable Offences 

These are defined under Section 2(g) and Section 2(o) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which outlines the procedural law for criminal matters in India.

Section 2(g) of BNSS – Cognizable Offence

A cognizable offence is one in which a police officer has the authority to register a First Information Report (FIR), investigate the matter, and arrest the accused without prior approval from a Magistrate. These offences are generally serious in nature and are punishable with imprisonment of three years or more.

Section 2(o) of BNSS – Non-Cognizable Offence

A non-cognizable offence is one in which a police officer cannot arrest the accused or begin an investigation without prior permission from a Magistrate. These offences are considered less serious and are punishable with imprisonment of less than three years or with a fine.

What Is a Cognizable Offence?

Cognizable offences are considered more serious and threatening to society. These offences typically involve danger to human life, public peace, or national security.

Common Examples of Cognizable Offences

  • Murder – Section 101 BNS
  • Rape – Section 63 BNS
  • Dowry Death – Section 80 BNS
  • Human Trafficking – Section 139 BNS
  • Rioting – Section 189 BNS
  • Kidnapping – Section 137 BNS 

Legal Procedure for Cognizable Offences

  • Filing an FIR: Victims or witnesses can file an FIR under Section 173 of BNSS.
  • Police Investigation: As per Section 175(1) of BNSS, the police can start an investigation immediately.
  • Arrest Without Warrant: Section 35 of BNSS allows police to arrest the accused without the Magistrate’s approval.
  • Magistrate’s Oversight: Post-investigation, a charge sheet is submitted under Section 193 of BNSS to the Magistrate. 

Trial Jurisdiction

These offences are usually tried in Sessions Court, depending on the nature and seriousness of the offence. High court lawyers in Chandigarh often handle such grave criminal trials and bail matters.

What Is a Non-Cognizable Offence?

Non-cognizable offences are relatively less severe. They usually involve personal grievances or minor harm and are punishable by imprisonment of less than three years or by fine.

Examples of Non-Cognizable Offences

  • Defamation – Section 356 BNS
  • Public Nuisance – Section 270 BNS
  • Simple Hurt – Section 117 BNS
  • Cheating – Section 318 BNS
  • Mischief – Section 324 BNS 

Legal Procedure for Non-Cognizable Offences

  • Complaint to Magistrate: Victims must approach the Magistrate under Section 210 of BNSS. 
  • Police Permission: As per Section 178(1) of BNSS, police must obtain the Magistrate’s permission before investigation. 
  • Arrest Only with Warrant: Section 35 of BNSS restricts police from arresting the accused without a warrant. 
  • Case Hearing: Usually conducted by a Judicial Magistrate First Class. 

Role of Advocates in Non-Cognizable Offences

Since these offences require Magistrate involvement from the beginning, legal representation by experienced criminal advocates in Chandigarh is often essential for filing complaints or defending against one.

Difference Between Cognizable and Non-Cognizable Offences at a Glance

Feature Cognizable Offence Non-Cognizable Offence
Definition Defined under Section 2(g) BNSS Defined under Section 2(o) BNSS
Nature of Offence Serious Less serious
FIR Can be registered without Magistrate’s permission Cannot be registered without Magistrate’s permission
Arrest Police can arrest without warrant Police need warrant
Investigation Can begin immediately Needs Magistrate’s approval
Trial Court Sessions Court Magistrate Court
Examples Murder, Rape, Robbery Defamation, Public Nuisance

 

Key Legal Provisions Related to Cognizable and Non-Cognizable Offences

Bharatiya Nyaya Sanhita, 2023 (BNS)

Defines and prescribes punishment for both categories of offences. The First Schedule of the BNS determines which offence is cognizable and which is not.

Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS)

  • Section 173 – FIR in cognizable offences 
  • Section 178 – Information in non-cognizable offences 
  • Section 175 – Power to investigate 
  • Section 35 – Powers of arrest 

Indian Constitution

  • Article 21: Right to life and personal liberty. Any arrest procedure must respect this right. 
  • Article 22: Provides protection against arbitrary arrest and detention. 

Role of Police and Judiciary in Handling These Offences

Police Authority

  • In cognizable cases, they act promptly due to the severity. 
  • In non-cognizable cases, they play a more passive role unless permitted by Magistrate. 

Magistrate’s Role

  • Directs investigation in non-cognizable matters. 
  • Grants bail and monitors case progression. 

Interaction Between Cognizable and Non-Cognizable Offences

Sometimes, a single incident may involve both types of offences. In such cases:

  • Police may treat the case as cognizable if the dominant offence is cognizable. 
  • The FIR may list both offences under separate headings. 
  • High court lawyers in Chandigarh often help determine how such complex cases should be approached. 

Legal Remedies Available to Accused and Victim

For Victims

  • File an FIR in cognizable cases. 
  • Approach Magistrate under Section 175(4) BNSS if police refuse to act. 
  • For non-cognizable, initiate a private complaint under Section 210 BNSS. 

For Accused

  • Seek anticipatory bail under Section 438 BNSS.
  • Apply for regular bail post-arrest under Section 439 BNSS.
  • Engage with experienced criminal lawyers in Chandigarh for legal strategy.

Understanding the difference between cognizable and non-cognizable offences is fundamental for ensuring your rights are protected within the framework of Indian criminal law. Whether you are preparing for a legal career or facing a criminal issue, knowledge of legal procedures under the BNSS and BNS is essential. Legal assistance from experienced criminal advocates in Chandigarh or high court lawyers in Chandigarh can provide crucial support, especially in cases involving serious charges or procedural complexities.

FAQs on Difference Between Cognizable and Non-Cognizable Offences

1. Can police arrest without a warrant in non-cognizable offences?

Answer: No. As per Section 35 of BNSS, in non-cognizable offences, the police require a warrant issued by the Magistrate for arrest. In such cases, guidance from experienced criminal lawyers in Chandigarh can help protect your legal rights and ensure proper procedure is followed.

2. What should I do if the police refuse to file an FIR?

Answer: You can approach the Superintendent of Police under Section 173(3) BNSS or file an application before a Magistrate under Section 175(4) BNSS. Skilled criminal advocates in Chandigarh can assist you in drafting the application and ensuring that legal protocols are enforced.

3. Are bailable offences always non-cognizable?

Answer: Not necessarily. Bailability and cognizability are separate classifications. For instance, rioting (Section 189 BNS) is cognizable and bailable. High court criminal lawyers in Chandigarh often handle such nuanced classifications when seeking bail or contesting police action.

4. Who decides whether an offence is cognizable or non-cognizable?

Answer: The classification is laid out in the First Schedule of the BNSS. However, in case of ambiguity, the Magistrate has the discretion to decide. Legal consultation with seasoned lawyers in Chandigarh ensures clarity in case classification and procedural steps.

5. Why is legal advice necessary for non-cognizable offences?

Answer: Since initiating a case requires permission from a Magistrate, navigating the complaint process without legal expertise can delay justice. Engaging high court criminal advocates in Chandigarh is essential for timely action and strategic representation.