Understanding Cognizable and
Non-Cognizable Crimes
Crimes are categorized into cognizable and non-cognizable crimes, each having different procedures and
investigation techniques. It is important to understand the difference for the smooth functioning of the
judiciary system and ensuring justice is served.
by Kaushik Satyaj
Defining Cognizable and Non-Cognizable
Crimes
Cognizable crimes are serious offenses where the police can make an arrest without a warrant. On the other
hand, non-cognizable crimes are those where the police cannot arrest anyone without a warrant or court order.
Cognizable crimes include murder, rape, and robbery, while non-cognizable crimes include defamation and
public nuisance.
Examples of Cognizable and NonCognizable Crimes
Cognizable Crimes
Non-Cognizable Crimes
Homicide
Public Nuisance
Kidnapping
Defamation
Theft
Simple Hurt
Extortion
Criminal Breach of Trust
Difference between Cognizable and NonCognizable Crimes
The key difference between the two crimes is the power of the police to make an arrest without a warrant.
In cognizable crimes, the police can arrest the accused without any warrant, while in non-cognizable crimes,
a warrant is mandatory. In cognizable crimes, the police are responsible for carrying out the investigation,
while in non-cognizable crimes, a court order is necessary.
Procedure for Filing a Complaint for
Cognizable and Non-Cognizable Crimes
To file a complaint about a cognizable crime, the victim or their representative must visit the nearest police
station and present a written statement. For non-cognizable crimes, the victim must file a complaint with the
court, and the court will then issue a warrant for the accused's arrest.
The Role of Police in Investigating
Cognizable and Non-Cognizable Crimes
The police play a crucial role in investigating cognizable crimes. They are responsible for collecting evidence
and presenting it to the court. In non-cognizable crimes, the court orders the investigation, and the police are
required to investigate the case as per the court's directions.
Punishment and Trial for Cognizable and
Non-Cognizable Crimes
Cognizable Crimes
Non-Cognizable Crimes
Court trial with a maximum sentence of life
Fine or imprisonment up to 2-years or both
imprisonment and a fine
Officer in charge of the police station is
No FIR is filed
responsible for filing a First Information Report
(FIR)
Higher sentences are awarded based on judicial
Court may only impose the specific punishment
discretion
mentioned in the law
Conclusion and Importance of
Understanding Cognizable and NonCognizable Crimes
Knowing the difference between cognizable and non-cognizable crimes is important to ensure that justice is
served. It helps prevent false arrests, human rights violations, and misuse of state power. Understanding the
distinction can make the whole procedure simpler, reducing the pressure on both the victim and the state
machinery.