Concept Of Cognizable And Non-Cognizable Offences

The Code of Criminal Procedure has not provided any test or criterion to determine whether any particular offence is cognizable or non-cognizable. It only depends upon whether the offence is shown as a cognizable or non-cognizable offence in the first schedule of the code. The schedule refers to all the offences of the Indian Penal Code and puts them into cognizable or non-cognizable categories.

The study of relevant provisions of the Indian Penal Code relating to those offences would show the basis of the categorization in the first schedule. Generally, all serious offences have been categorised as cognizable offence and the seriousness of the offence depends upon the punishment provided for the offence.

Most of the offences for which the code has provided punishment for more than three years of imprisonment have been taken as cognizable offence. For serious offences including murder, robbery, and rape prompt actions of the police and arrest of the offender and a proper investigation are highly necessary for a successful prosecution. Probably this would be the reason for treating these offences as a cognizable offence.

However, there are some offences though these are serious offences in terms of punishment, that are categorised as non-cognizable offence in the first schedule of the code. The offences relating to marriage are provided in Sections 493 to 497 of the Indian Penal Code including bigamy, which are punishable by up to five years of imprisonment. The reason behind it may be that these offences are all private wrongs in nature and making them cognizable might involve too much risk of police intervention in the private family life of individuals. Therefore though these offences are serious In view of the maximum limit of punishment but have been provided into the categories of the con-cognizable offences.

The offences covered in Chapter IX of the Indian Penal Code are relating to the “false evidence and offence against public justice”, most of the offences including the offence of giving or fabricating false evidence in the judicial proceeding can caused the disappearance of evidence are punishable with imprisonment for more than three years and therefore serious in nature. However, most of these offences are shown as non-cognizable offences in the first schedule. Probably it is apprehended that if these offences are made cognizable, it might create police interference in the Court proceeding in respect of which such offence has been alleged to have been committed. Such police interference would not be such a desirable position.

In a broad proposition, it can be said that the offences, which are not serious and punishable for less than three years, are non-cognizable offences. These offences are mostly offences of private wrong in nature, for example, ordinary cases of assault or intention to assault or simple hurt, defamation etc.

But there are certain offences provided under the Indian Penal Code which are not punishable with imprisonment for more than three years and therefore are not serious offence in terms of the maximum limit of punishment but these offences have been categorised as cognizable offences. For instance, the offences provided in Chapter VIII of the Indian Penal Code “Offences against the public tranquillity” are not punishable with three years of imprisonment yet it has been made a cognizable offence in the first schedule.

The necessity of making a prompt arrest of the offender might be the reason for making these offences cognizable offences even if the offence is not serious in terms of the maximum punishment provided for. It might also be that it is not desirable to leave the pre-trial proceedings in the hands of private citizens in respect of these offences.

Law Corner

Leave a Comment