Which are cognizable offences
Depending on the nature and gravity of an offence they can be classified under any of the following heads:. Cognizable offences are generally heinous or serious in nature such as murder, rape, kidnapping, theft, dowry death etc.
The first information report FIR is registered only in cognizable crimes. He can also conduct some kind of preliminary inquiry before registering the FIR. In these offences, a convict is arrested and produced before the magistrate in the stipulated time.
Owing to the serious nature of the crime, court? A non-cognizable offence is the offence listed under the first schedule of the Indian Penal Code and is bailable in nature. India China -second Informal Summit. National Medical Commission. What is Edge computing? What is IIP and why does it matter? Failed Talbian USA peace talks? CrPC provides the manner and place, where investigation inquiry and trial of an offence shall take place. Compoundable and non-compoundable offence Difference between Cognizable and non-cognizable offence The offence in which the police suo motu takes cognizance of crime and also does not need approval of court, known as a cognizable offence.
In cognizable, the police can arrest a person without any warrant. While, in case of non-cognizable offence, a warrant must needed for arrest of person.
Cognizable are heinous crimes, whereas non-cognizable offences are not so serious. Cognizable encompasses murder, rape, theft, kidnapping, counterfeiting, etc. On the contrary, non-cognizable offences include offences like forgery, cheating, assault, defamation and so forth.
For a cognizable, one can file FIR or make a complaint to the magistrate. Unlike, in case of non-cognizable offence one can only make a complaint to the magistrate. Role of Police to Investigate in Cognizable Offences: A Cognizable offence is an offence in which a police officer can arrest without warrant and without orders of a magistrate in accordance with a first schedule or any other law time being in force.
The Cognizable offences are serious in nature such as Rape, Murder, Dowry death, Kidnapping, Theft, Criminal Breach of Trust, Waging or attempting to wage war or abetting the waging of war against the government in India. In these types of offences, a police officer can arrest immediately once the offence is committed. He can also conduct a preliminary inquiry before registering FIR police can make an arrest and produce before a magistrate.
In Lalitakumaraiv Government of U. P , The Supreme court of India held that the police must compulsorily register the FIR on receiving a complainant if the information discloses a cognizable offence and no preliminary inquiry is permissible in such situation.
According to Section 3 Criminal Procedure Code, any magistrate empowered under section of the Criminal Procedure Code can order a police officer in charge of a police station to investigate cases.
The Officer in charge of Police also has power for Medical Examination of the victim of rape. Section 2 c of Cr. These are the offences that are usually very serious and generally heinous in nature. For example: Rape, murder, kidnapping, dowry death etc.
All cognizable offences are non-bailable due to their serious and heinous nature. Section 2 1 of Cr. It refers to it as an offence for which a police officer has no authority to arrest without a warrant. These are the offences that are not serious or usually petty in nature. For example: assault, cheating, forgery, defamation etc. Non-cognizable offences are usually bailable because of their non serious nature. Information in cognizable cases. With reference to the particular section, an officer can register an F.
Then within 24 hours of arrest, the officer must get the detention ratified by the concerned judicial magistrate. Police officer also has a chance to conduct preliminary investigation before registering the F. Information Received? Entered in General Diary? Registration of F. Arrest of accused? Investigation under Section ? Charge-sheet under Section ?
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