CrPCLegal Notes

Distinction between Cagnizable and Non-Cognizable Offence

 

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Cognizable Offences Non-Cognizable
All serious offences are cognizable. Non Cognizable offences are less serious.
Offences punishable with imprisonment for 3 years or more or without fine. Eg. Waging war against government, Murder, Culpable Homicide not amounting to murder, theft, extortion etc. Offences punishable with or without imprisonment with less than 3 years. Eg. Absconding to avoid services of summon, giving false information to public servant, etc.
Police officer may arrest without warrant. Police officer has no authority to arrest without warrant.
Police officer can investigate without orders/directions from the Magistrate. Police Officer has no power to investigate without authority given by the Magistrate.
They are considered public wrongs, prosecution of offender is left to initiative and efforts of the state. They are considered private wrongs, prosecution of offender is left to initiative and efforts of private citizens.
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