Cognizable offence is a offence of serious nature. We can get its meaning in section 2 (c) of CrPC. In cognizable offence police arrest without warrant. Offences which is known as cognizable offence are given under THE FIRST SCHEDULE of CrPC.
Every information related to the commission of a cognizable offence, if given orally to the officer in charage of a police station, shall be reduced to writing by him or under his/her direction and be read over to an informant, and every such information, whether given in writing or reduced to in writing as aforsaid, shall be signed by the person giving it, and the substance thereof shall be entered in the book to be kept by such officer in such a form as the state government prescribed in this behalf.
A constitution bench of Supreme court in Lalita Kumari v. Government of UP held that in cognizable offence SHO is bound to register FIR.
Example of cognizable offence are:
- Murder
- Dowry death
- Rape
- Trafficking of person etc.
Non – Cognizable Offence is a offence of less serious nature. Here, police officer has no authority to arrest without warrant. No police officer shall investigate a non cognizable without the order of magistrate having power to try such case or commit the case for trial. List of non – cognizable offence are given under THE FIRST SCHEDULE of Cr.PC.
If the FIR is registered for one cognizable and more non – cognizable offence, then it will be treated as cognizable cases.
Example of Non – Cognizable offences are:
- Keeping a lottery office
- Making atmosphere noxious to health etc.