Professional Documents
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ON
Concept of Non Cognizable Offences and investigation
of Non Cognizable offences.
SUBMITTED TO:
Dr. Sangeeta Bhalla
SUBMITTED BY:
Pavni Lakhanpal
42/14, 5thsem
Section- A
B.A.LLB. (Hons.)
It is with profound gratitude and deep reverence that I have completed this project
today, as it would have not been possible for me to do so without the indispensable
guidance of my teacher, Dr. Sangeeta Bhalla who not only encouraged me to go
forward with this project report but also propagated all my ideologies and
interpretations about the same.
Im also grateful to the many authors whose books and articles I have used as a
valuable resource for my work. I hope this project meets everyones expectations.
Thank you
(Pavni Lakhanpal)
Table of cases
P.R. Venugopal Vs S.M. Krishna And Ors., ILR 2003 KAR 5019
Non cognizable offences are defined under section 2(L) of Criminal procedure
code, non cognizable offence means an offence for which, and non cognizable
case means case in which, a police officer has no authority to arrest without
warrant.
Generally speaking, a police officer cannot arrest without a warrant, and secondly,
such officer has neither the duty nor the power to investigate into such an offence
without the authority given by a Judicial magistrate. Exceptions apart, the non
cognizable offences are considered more in the nature of private wrongs and
therefore the collection of evidence and prosecution of the offender are left to the
initiative and efforts of private citizens. However, if a judicial magistrate considers
it desirable that a non cognizable case should be investigated into by the police, he
can order the police to do so. In that case the police officer will have all the powers
in respect of investigation (except the power to arrest without warrant ) as he
would have exercised if the case were a cognizable one.
The category of offences as per Criminal Procedure Code (CrPC) in which Police
can neither register the FIR nor can investigate or effect arrest without the express
permission or directions from the court are known as Non-cognizable offences.
These mostly include minor offences such as abusing each other, minor scuffles
without injuries, intimidation etc.
Difference between Cognizable offences and Non-Cognizable offences
Cognizable Offenses-
1. Section 2 (c) of The Criminal Procedure Code, 1973 says, that cognizable
offenses or cognizable cases are those under which a police officer can arrest
without an arrest warrant.
2. Cognizable offenses are those offenses which are serious in nature.
Example- Murder, Rape, Dowry Death, Kidnapping, Theft, Criminal Breach
of Trust, Unnatural Offenses.
3. Section 154 of CrPc provides, that under a Cognizable offense or case, The
Police Officer has to receive the First Information Report (FIR) relating to
the cognizable offense, which can be without the Magistrates permission
and enter it in the General Diary and immediatly start the investigation.
4. If a Cognizable offense has been committed, a Police Officer can investigate
without the Magistrates permission.
5. By and large, offences punishable with imprisonment not less than three
years are said to be cognizable offences.
1. Section 2 (l) of CrPc says, that non-cognizable offenses or cases are those
under which a police officer cannot arrest without a warrant.
2. Non-Cognizable offenses are those which are not much serious in nature.
Example- Assault, Cheating, Forgery, Defamation.
3. Section 155 of CrPc provides that in a non-cognizable offense or case, the
police officer cannot receive or record the FIR unless he obtains prior
permission from the Magistrate.
4. Under a Non-Cognizable offense/case, in order to start the investigation, it is
important for the police officer to obtain the permission from the Magistrate.
5. Mostly , the offences punishable with imprisonment of less than three years
are said to be non cognizable offences.
What is investigation?
Section 2 (h) of the CRPC reads as under:
2.(h) investigation includes all the proceedings under this Code for the collection
of evidence conducted by a police officer or by any person (other than a
Magistrate) who is authorised by a Magistrate in this behalf;
Section 2(h) CrPC defines investigation and it includes all the proceedings under
the Code for the collection of evidence conducted by a police officer or by any
person (other than a Magistrate) who is authorised by a Magistrate in this behalf. It
ends with the formation of the opinion as to whether on the material collected,
there is a case to place the accused before a Magistrate for trial and if so, taking the
necessary steps for the same by filing of a charge-sheet under Section 173,CRPC.
1
1974Cri LJ 185 (Cal)
However, whether the non compliance with Section 155(2) is
material one vitiating the proceedings depends upon the facts and
circumstances in each case. When such a breach is brought to the
notice of the court at an early stage of the trial the court will have to
consider the nature and extent of the violation and pass appropriate
orders for such re- investigation as may be called for. However,
generally speaking , if such beach is not noticed at the early stage and
the trial is concluded the defect or illegality of investigation would not
vitiate trial, unless it caused prejudice to the accused and resulted in
miscarriage of justice in terms of Section 465, which states
(1)Subject to the provisions hereinbefore contained, on finding
sentence or order passed by a Court of competent jurisdiction shall be
reversed or altered by a Court of appeal, confirmation or revision on
account of any error, omission or irregularity in the complaint,
summons, warrant, proclamation, order, judgment or other
proceedings before or during trial or in any inquiry or other
proceedings under this Code, or any error, or irregularity in any
sanction for the prosecution unless in the opinion of that Court, a
failure of justice has in fact been occasioned thereby.
(2) In determining whether any error, omission or irregularity in any
proceeding under this Code, or any error, or irregularity in any
sanction for the prosecution has occasioned a failure of justice, the
Court shall have regard to the fact whether the objection could and
should have been raised at an earlier stage in the proceedings.
2
ILR 2003 KAR 5019
regarding the allegations in the complaint as to what the complainant
is alleging and it should be within his personal knowledge.
3
AIR 1949 All 483
4
(1996)6 SCC 435
Index
Page Particulars
No.
Books
Lal, Batuk. (2008). Criminal Procedure Code. Allahabad: Central Law Agency.
Websites
www.indiankanoon.org
www.scribd.com