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Criminal Procedure

Cognizable Offence

KOG-ni-zuh-buhl uh-FENS Latin: cognoscere (to know, investigate) + offence

Definition

An offence in which a police officer has the authority to arrest without a warrant, investigate without court permission, and register a First Information Report (FIR).

Detailed Explanation

Under Indian criminal law, offences are classified as cognizable and non-cognizable based on the seriousness of the crime and the powers given to police for investigation and arrest.

A cognizable offence is one where the police officer may arrest without warrant and investigate without obtaining permission from a Magistrate. The First Schedule to the Code of Criminal Procedure, 1973 specifies which offences are cognizable. Generally, serious offences like murder, robbery, rape, kidnapping, and dacoity are cognizable.

For cognizable offences: 1. Police must register an FIR (Section 154 CrPC) 2. Police can arrest without warrant (Section 41 CrPC) 3. Police can investigate without Magistrate's order (Section 156 CrPC) 4. Investigation can commence immediately upon receiving information

The distinction is crucial for victims of crime as they have a statutory right to have an FIR registered for cognizable offences. If police refuse to register an FIR, the complainant can send the complaint to the Superintendent of Police or approach the Magistrate under Section 156(3) CrPC.

Essential Elements

  • 1 Police can arrest without warrant
  • 2 FIR must be registered on receiving information
  • 3 Investigation can begin without court permission
  • 4 Generally serious offences as per First Schedule CrPC
  • 5 Bail may not be a matter of right

Leading Cases

Lalita Kumari v. Govt. of U.P.

2014

(2014) 2 SCC 1

Relevance: Held that FIR registration is mandatory for cognizable offences; laid down guidelines

State of Haryana v. Bhajan Lal

1992

1992 Supp (1) SCC 335

Relevance: Set guidelines for when FIR/criminal proceedings can be quashed

Sakiri Vasu v. State of U.P.

2008

(2008) 2 SCC 409

Relevance: Discussed remedies when police refuse to register FIR

Ramesh Kumari v. State (NCT of Delhi)

2006

(2006) 2 SCC 677

Relevance: Reiterated mandatory nature of FIR registration for cognizable offences

Usage Example

"Murder being a cognizable offence, the police immediately registered an FIR and commenced investigation without waiting for Magistrate's orders."

Synonyms

FIR-able offence arrestable offence serious offence

Related Terms

First Information Report
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