Quick answer
Under Section 2(1)(g) B.N.S.S., a cognizable offence is one for which a police officer may arrest without warrant, in accordance with the First Schedule or any other law. Under Section 2(1)(o), a non-cognizable offence is one for which a police officer has no authority to arrest without warrant. In a cognizable case the officer in charge of a police station may investigate without a Magistrate's order (Section 175), but no police officer may investigate a non-cognizable case without the order of a Magistrate (Section 174(2)).
The law
- Section 2(1)(g) B.N.S.S.: definition of cognizable offence and cognizable case (old law: Section 2(c) CrPC).
- Section 2(1)(o) B.N.S.S.: definition of non-cognizable offence and non-cognizable case (old law: Section 2(l) CrPC).
- First Schedule B.N.S.S.: column 4 shows, for each B.N.S. offence, whether it is cognizable or non-cognizable.
- Section 173 B.N.S.S.: information in cognizable cases, recorded as an FIR (old law: Section 154 CrPC).
- Section 174 B.N.S.S.: information in non-cognizable cases and their investigation (old law: Section 155 CrPC).
- Section 175 B.N.S.S.: police power to investigate a cognizable case without a Magistrate's order (old law: Section 156 CrPC).
What happens in a non-cognizable case
- The officer in charge enters the substance of the information in a book kept in the form prescribed by State rules (Section 174(1)).
- The officer refers the informant to the Magistrate and forwards the daily diary report of such cases to the Magistrate every fortnight.
- No police officer may investigate without the order of a Magistrate who has power to try the case or commit it for trial (Section 174(2)).
- Once ordered, the police may use the same investigation powers as in a cognizable case, except the power to arrest without warrant (Section 174(3)).
- Where a case involves two or more offences and at least one is cognizable, the whole case is deemed cognizable (Section 174(4)).
Comparison
| Point | Cognizable | Non-cognizable |
|---|---|---|
| Arrest without warrant | Permitted, subject to Section 35 B.N.S.S. | No authority to arrest without warrant |
| Recording information | FIR under Section 173 | Entry in a book under Section 174(1); informant referred to Magistrate |
| Investigation | Without a Magistrate's order (Section 175(1)) | Only on a Magistrate's order (Section 174(2)) |
| Examples in the First Schedule | Murder (Section 103(1) B.N.S.), robbery (Section 309(4)), theft (Section 303(2)), hurt by dangerous weapons (Section 118(1)) | Voluntarily causing hurt (Section 115(2)), insult intended to provoke breach of the peace (Section 352) |
Two cautions. First, cognizable does not mean that arrest is automatic: for offences punishable with up to seven years, Section 35(1)(b) B.N.S.S. requires the officer to be satisfied that arrest is necessary and to record reasons. Second, cognizable is not the same as non-bailable. Trespassing on burial places (Section 301 B.N.S.) is cognizable but bailable. For more procedure topics in short form, see 30 B.N.S.S. Concepts in Brief.
Example
Renu tells the police that her neighbour Aadil insulted her to provoke a fight. An offence under Section 352 B.N.S. is non-cognizable, so the officer enters the substance of the information in the book and refers Renu to the Magistrate. If Renu also reports that Aadil attacked her with a knife (Section 118(1) B.N.S., cognizable), Section 174(4) makes the whole case cognizable, and the police can register an FIR and investigate without waiting for a Magistrate's order.
Exam point
The test is the power to arrest without warrant: Section 2(1)(g) and 2(1)(o) B.N.S.S. A non-cognizable case cannot be investigated without a Magistrate's order (Section 174(2)), and a mixed case is deemed cognizable (Section 174(4)).
