difference between cognisable and non cognisable offences with examples.
Answers
Non Cognizable offences are those which are not that serious in nature.For example- Assault, Cheating, Forgery, Defamation, etc. A Non Cognizable Offence can be described as an offence in which a police officer has no authority to arrest without warrant.
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COGNIZABLE OFFENCE
The offence in which the police officer does not require any warrant to arrest the accused and has the authority to begin an investigation without any permission of the court is known as a cognizable offence. In such kind of offences, once the accused is arrested, he/she will be produced before the magistrate, in the stipulated time. As the crime is serious in nature, court’s approval is implicit, in cognizable offences.
The first information report, commonly termed as FIR is lodged only in case of cognizable crimes. Cognizable Offences are severe crimes which include murder, rape, rioting, theft, dowry death, kidnapping, criminal breach of trust and other heinous offences.
NON-COGNIZABLE OFFENCE
Non-cognizable offences are the offences listed under the first schedule of the Indian Penal Code and are bailable in nature. When an offence is non-cognizable, the police has no right to arrest the accused without a warrant, as well as they are not entitled to start an investigation without prior approval of the court. It includes crimes like forgery, assault, cheating, defamation, public nuisance, hurt, mischief etc.
In non-cognizable offence judicial process initiates by lodging a criminal complaint with the metropolitan magistrate, who then orders the concerned police station to investigate the crime accordingly, after which a charge sheet is filed with the court, which is followed by the trial. After the trial, the court will pass orders regarding the issue of a warrant to arrest the accused.
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