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Difference Between Cognizable and Non Cognizable Offence

Difference Between Cognizable and Non Cognizable Offence

Difference Between Cognizable and Non Cognizable Offence has been discussed in this article;

Difference Between Cognizable and Non Cognizable Offence
Cognizable OffenceNon Cognizable Offence
1. The definition of cognizable offence is provided under section 2(c) of the Criminal Procedure Code, 1973.1. The definition of non cognizable offence is provided under section 2(l) of the Criminal Procedure Code, 1973.
2. Cognizable offence is defined as "Cognizable offences are crimes for which the police authority can make an arrest of a person without a warrant." 2. Non cognizable offence is defined as "Non cognizable offences are crimes for which the police authority can not arrest a person without a warrant or court's permission."
3. Cognizable offences can be registered and investigated by police authorities without a warrant.3. Non cognizable offences require a warrant from the court to be registered and investigated by police authorities.
4. The investigation procedure for cognizable offences is outlined under section 156 of CrPC.4. The investigation procedure for non cognizable offences is outlined under section 155 of CrPC.
5. In cognizable offences, the police have the power to arrest a person without a warrant.5. In non cognizable offences, the police need permission/warrant of a court to arrest a person.
6. The cognizable offences include; murder, rape and kidnapping. 6. The non cognizable offences include; defamation, theft, and public nuisance.
7. In cognizable offences, there is no provision for compromise between the parties involved.7. In non cognizable offences, there is a provision under section 320 of CrPC that the parties involved in the non cognizable offence can settle the matter through compromise.
8. In cognizable offences, substantial police are involved in the investigation.8. In non cognizable offences, limited police are involved in the investigation.
9. In cognizable offences, swift action can be taken by the police to prevent further harm.9. In non cognizable offence, the investigation can be delayed as court intervention is necessary.
10. Cognizable offences are usually non bailable.10. Non cognizable offence can be either bailable or non bailable depending on the specific offence.
11. In cognizable offences, the accused may be remanded into police custody for investigation purposes.11. In non cognizable offences, the accused is not remanded into police custody and custody matters are handled by the court.


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Difference Between Cognizable and Non Cognizable Offence

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