Introduction
Criminal offenses are classified into two primary categories to facilitate effective investigation and trial processes. These categories are cognizable and non cognizable offences. In this article, we will understanding the concept of cognizable and non cognizable cases in light of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS)
Cognizable offences
Cognizable offenses, as defined by Section 2(g) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), empower the police to arrest the accused without a warrant or magistrate approval. These crimes, outlined in the First Schedule of the Sanhita, encompass severe acts such as rape, murder, kidnapping, theft, and abduction.
Upon filing a First Information Report (FIR), the police initiate an investigation, strengthening the prosecution's case. Section 175 of the BNSS grants police officers the authority to start investigation into cognizable cases promptly, without the need of a warrant by magistrate.
Non-Cognizable Offenses
Non-cognizable offenses, defined by Section 2(o) of the BNSS, require police officers to obtain a warrant for arrest and court permission to initiate an investigation. These offenses, generally less severe in nature, necessitate police reports submitted to the magistrate under Section 174(2) BNSS and Section 177 BNSS for both cognizable and non-cognizable offenses.
In the case of reporting a non-cognizable offense to a police officer, the information is noted, but immediate action, including arrest, cannot be taken without the magistrate's directive (Section 178 BNSS).
Key differences: Cognizable vs. Non-Cognizable Offenses
1. Definition:
- Cognizable offenses: Police can arrest without a warrant or prior court permission (Section 2(g) of BNSS).
- Non-cognizable offenses: Police require court permission for arrest (Section 2(o) of BNSS).
2. Investigation Procedure:
- Cognizable offenses: Outlined in Section 175 of the BNSS.
- Non-cognizable offenses: Governed by Section 174 of the BNSS.
3. Police Powers:
- Cognizable offenses: Police can arrest and initiate an investigation upon lodging an FIR without magistrate permission.
- Non-cognizable offenses: Police cannot initiate an investigation without magistrate orders.
4. Arrest:
- Cognizable offenses: Accused can be arrested without a warrant or court permission.
- Non-cognizable offenses: Arrest requires prior court permission.
5. Gravity of the Crime:
- Cognizable offenses: Generally more serious and heinous.
- Non-cognizable offenses: Generally less severe and grave in nature.
6. Punishment Severity:
- Cognizable offenses: Punishments typically exceed three years, including life imprisonment or the death penalty.
- Non-cognizable offenses: Punishments usually less than three years.
7. Bail for the Accused:
- Cognizable offenses: May be bailable or non-bailable, depending on the nature of the offense and court discretion.
- Non-cognizable offenses: Generally bailable due to lesser severity.
Important case laws on the subject:
1. State of Haryana v. Bhajan Lal:
Guidelines were established for conducting preliminary inquiries before registering FIRs in non-cognizable offenses.
2. State of Karnataka v. M.R. Hiremath: It was held that the power to categorize an offense as cognizable or non-cognizable rests with the legislature, preventing arbitrary changes by the police.
3. Om Prakash and Anr. v. Union of India:
Clarifying police authority in non-cognizable offenses, the court emphasized the necessity of a legitimate arrest warrant, as outlined in Section 41 of the CrPC.
Frequently Asked Questions (FAQs) on cognizable and non cognizable cases under BNSS.
Q1: What are cognizable offenses under the Bharatiya Nagarik Suraksha Sanhita (BNSS)?
A1: Cognizable offenses, defined by Section 2(g) of BNSS, include serious crimes like rape, murder, kidnapping, theft, and abduction, allowing the police to arrest without a warrant.
Q2: How are non-cognizable offenses different from cognizable offenses?
A2: Non-cognizable offenses, per Section 2(o) of BNSS, require police to obtain a warrant for arrest and court permission to initiate an investigation, generally involving less severe crimes.
Q3: What is the procedure for investigating cognizable offenses under BNSS?
A3: The investigation procedure for cognizable offenses is outlined in Section 175 of BNSS, allowing police to act promptly upon filing a First Information Report (FIR).
Q4: Do police have the authority to arrest in non-cognizable offenses without a warrant?
A4: No, in non-cognizable offenses, police cannot take immediate action, including arrest, without the magistrate's directive, as per Section 178 of BNSS.
Q5: Are punishments different for cognizable and non-cognizable offenses?
A5: Yes, punishments for cognizable offenses are generally more severe, exceeding three years, including life imprisonment or the death penalty. Non-cognizable offenses usually result in punishments less than three years.
Q6: Can an accused get bail for cognizable offenses?
A6: Bail for accused in cognizable offenses may be bailable or non-bailable, depending on the nature of the offense and court discretion.
Q7: What are some important case laws related to cognizable and non-cognizable offenses?
A7: Key cases include State of Haryana v. Bhajan Lal, which established guidelines for preliminary inquiries in non-cognizable offenses, and State of Karnataka v. M.R. Hiremath, emphasizing legislative authority in categorizing offenses. Om Prakash and Anr. v. Union of India clarified police authority in non-cognizable offenses, emphasizing the need for a legitimate arrest warrant.
Cognizable and non cognizable offences under BNSS (Bharatiya Nagarik Suraksha Sanhita)
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