SlideShare ist ein Scribd-Unternehmen logo
1 von 3
COGNIZABLE AND A NON-COGNIZABLE OFFENCE
Crime can be Cognizable or Non-Cognizable Difference between a cognizable and a non-
cognizable offence is that in a non-cognizable offence the Police cannot arrest a person without
orders of the court, i.e. without a Court warrant and can investigate into the case only on the
express directions of the court to that effect. Therefore, the experience is that in a non-cognizable
offence the Police Station officer records the complaint as a non-cognizable offense, commonly
referred as a N.C., and advises the complaint or victim to apporach the court for further
directions.
In a cognizable offense the police can take cognizance of the offense on its own i.e. it need not
wait for the court orders as the law envisages that in such offences permission of the court to the
police to investigate the crime is implicit
in Non-Cognizable offenses police cannot arrest the accused without the court order, but in
cognizable offense a police officer can arrest without any court orders. Such cases are mainly,
murder, attempt to murder, rape and in heinous offences
India has a well-established statutory, administrative and judicial framework for criminal trials.
Indian Penal laws are primarily governed by 3 Acts:
1. The Code of Criminal Procedure, 1973 (Cr.P.C.);
2. The Indian Penal Code, 1960 (IPC);
3. The Indian Evidence Act, 1872 (IEA).
Cr.P.C. is a comprehensive and exhaustive procedural law for conducting a criminal trial in
India, including the manner for collection of evidence, examination of witnesses, interrogation of
accused, arrests, safeguards and procedure to be adopted by Police and Courts, bail, process of
criminal trial, method of conviction, and the rights of the accused for a fair trial. The procedure
for a criminal trial in India, is primarily, except as otherwise provided, governed by The Code of
Criminal Procedure, 1973 (Cr.P.C.). IPC is the primary penal law of India, which is applicable
to all offences, except as may be provided under any other law in India. IEA is a detailed treaty
on the law of "evidence", which can be tendered in trial, manner of production of the evidence in
trial, and the evidentiary value, which can be attached to such evidence. IEA also deals with the
judicial presumptions, expert and scientific evidence. There are certain other laws, which have
been enacted to deal with criminality in special circumstances.
It is also important to note that India follows the adversarial system, where generally the onus of
proof is on the State (Prosecution) to prove the case against the accused, and until and unless the
allegation against the accused are proved beyond reasonable doubt, the accused is presumed to
be innocent. In certain exceptional cases, which may relate to terrorism, etc., the onus of proof
has been put on the accused person, who claims to be not guilty.
COGNIZABLE AND A NON-COGNIZABLE OFFENCE
India has a highly developed criminal jurisprudence and prosecution system, supported by
judicial precedents, however, there may be certain issues or concerns relating to the execution of
the same by Police and implementation by Judiciary. The courts in India, particularly High
Courts and Supreme Court have been proactively guarding the rights of the accused. Even
Article 21 of the Constitution of India has been interpreted in a highly dynamic manner to protect
the rights, life and liberty of the citizens, by also incorporating the principles of natural justice.
By the flowchart hereinbelow, an attempt is being made to make the reader briefly understand
the process of criminal investigation and trial in India, as a lot of foreign companies and Ex-pats
are coming to India, and due to unfortunate circumstances, they may, at times find themselves
embroiled in unnecessary criminal cases.
To appreciate the process of Indian criminal law, it is necessary that to understand following
important terminology:
1. Bailable Offence, means an offence, which has been categorized as bailable, and in case
of such offence, bail can be claimed, subject to fulfillment of certain conditions, as a
matter of right under Section 436 of the Cr.P.C. In case of bailable offences, the Police is
authorised to give bail to the accused at the time of arrest or detention.
2. Non-bailable Offence, means an offence in which the bail cannot be granted as a matter
of right, except on the orders of a competent court. In such cases, the accused can apply
for grant of bail under Section 437 and 439 of the Cr.P.C. It is important to note that the
grant of bail in a non-bailable offence is subject to judicial discretion of the Court, and it
has been mandated by the Supreme Court of India that "Bail, not Jail" should be the
governing and guiding principle.
3. Anticipatory Bail, under Section 438 of the Cr.P.C., means that a person who
apprehends arrest on a wrong accusation of committing a non-bailable offence, can apply
before a competent court for a direction to police to immediately release such a person on
bail in the event of arrest. However, the grant of anticipatory bail is discretionary and
dependant on the nature and gravity of accusations, the antecedents of the applicant and
the possibility of the applicant fleeing from justice.
4. Cognizable Offence/case, has been defined under Section 2 (c) of Cr.P.C., as an
offence/case in which a Police Office can arrest without a warrant.
5. Non-cognizable Offence/case, has been defined under Section 2 (l) of Cr.P.C., as an
offence/case in which a Police Officer has no authority to arrest without a warrant.
6. Whether an offence/case is bailable or not bailable, and cognizable or non-cognizable,
has been qualified under the 1st Table of the 1st Schedule of Cr.P.C., which relate to the
offences under IPC.
7. F.I.R (first information report), is formal recordal of a complaint, by police in case of
commission of a cognizable offence, and can be considered as a first step in the process
of the investigation of a cognizable offence by Police.
COGNIZABLE AND A NON-COGNIZABLE OFFENCE
8. The Table II of the 1st Schedule of Cr.P.C., gives a general guideline to determine
whether an offence is bailable, non-bailable, cognizable or non-cognizable. The criteria
in the table below, is applicable in those cases which are silent on this aspect. For easy
understanding, the following criteria may be understood:
Offence Cognizable or Non-
Cognizable
Bailable or Non-bailable
Punishable With Imprisonment
For
 Less Than 3 Years or
with fine only
Non-cognizable Bailable
Punishable With Imprisonment
For
 3 Years or more
Cognizable Non-Bailable
9. The criminal investigation process and prosecution mechanism in India, can be started in
any of the following manner:
a. On complaint /reporting /knowledge of the commission of a cognizable offence, any
police officer, even without the orders of a Magistrate, can investigate the cognizable
case. [Section 156 (1) of the Cr.P.C.]
b. In case of failure or inaction of a police officer to investigate a cognizable offence, a
criminal complaint can be filed before a Magistrate under Section 190 of Cr.P.C., for
taking cognizance of such offence, and on such complaint, the Magistrate himself can
take cognizance of the case and do the enquiry, or in the alternative under Section 156 (3)
of the Cr.P.C., order Police to register an F.I.R and investigate the offence.
c. In case of non-cognizable offence, Police is not obliged to investigate, and the judicial
process can be started by filing a criminal complaint before the competent court, under
Section 190 of the Cr.P.C.

Weitere ähnliche Inhalte

Was ist angesagt?

Steps in Criminal Prosecution in india
Steps in Criminal Prosecution in indiaSteps in Criminal Prosecution in india
Steps in Criminal Prosecution in indiaAdv Rajasekharan
 
Criminal Law - CrPC & Constitution
Criminal Law - CrPC & ConstitutionCriminal Law - CrPC & Constitution
Criminal Law - CrPC & Constitutionjeremiah_justus
 
Code of civil procedure 1908 summons
Code of civil procedure 1908 summonsCode of civil procedure 1908 summons
Code of civil procedure 1908 summonsDr. Vikas Khakare
 
charge under Criminal procedure code, 1908
 charge under Criminal procedure code, 1908 charge under Criminal procedure code, 1908
charge under Criminal procedure code, 1908Amudha Mony
 
Plea bargaining presentation
Plea bargaining presentationPlea bargaining presentation
Plea bargaining presentationMonishaR40
 
Expert opinion and examination of witness, law of evidence in bangladesh
Expert opinion and examination of witness, law of evidence in bangladeshExpert opinion and examination of witness, law of evidence in bangladesh
Expert opinion and examination of witness, law of evidence in bangladeshBangladesh University of Professionals
 
Efficacy of the Remedies
Efficacy of the RemediesEfficacy of the Remedies
Efficacy of the RemediesMohamad Zebkhan
 
privileged class deviance ( concept &nature)
privileged class deviance ( concept &nature)privileged class deviance ( concept &nature)
privileged class deviance ( concept &nature)Chaitanya Limbachiya
 
Search and seizure
Search and seizureSearch and seizure
Search and seizureSuganyaJeba
 
Probation
Probation Probation
Probation sebis1
 
Recording of Evidence
Recording of EvidenceRecording of Evidence
Recording of EvidenceLegal
 
Section 32 of the Indian Evidence Act
Section 32 of the Indian Evidence ActSection 32 of the Indian Evidence Act
Section 32 of the Indian Evidence ActAbhinandan Ray
 
Criminal trial
Criminal trialCriminal trial
Criminal trialzulfi799
 
First Information Report (F.I.R)
First Information Report (F.I.R)  First Information Report (F.I.R)
First Information Report (F.I.R) Law Laboratory
 
hierarchy of criminal Courts in india
hierarchy of criminal Courts in india hierarchy of criminal Courts in india
hierarchy of criminal Courts in india gagan deep
 
Cr pc complete-notes-pdf (1)-2
Cr pc complete-notes-pdf (1)-2Cr pc complete-notes-pdf (1)-2
Cr pc complete-notes-pdf (1)-2gurlguru
 
Investigation with respect to the cognizable offence by police- FIR, Chargesh...
Investigation with respect to the cognizable offence by police- FIR, Chargesh...Investigation with respect to the cognizable offence by police- FIR, Chargesh...
Investigation with respect to the cognizable offence by police- FIR, Chargesh...Utkarsh Kumar
 

Was ist angesagt? (20)

Steps in Criminal Prosecution in india
Steps in Criminal Prosecution in indiaSteps in Criminal Prosecution in india
Steps in Criminal Prosecution in india
 
Crpc
CrpcCrpc
Crpc
 
Criminal Law - CrPC & Constitution
Criminal Law - CrPC & ConstitutionCriminal Law - CrPC & Constitution
Criminal Law - CrPC & Constitution
 
Code of civil procedure 1908 summons
Code of civil procedure 1908 summonsCode of civil procedure 1908 summons
Code of civil procedure 1908 summons
 
Police Power of Investigation
Police Power of InvestigationPolice Power of Investigation
Police Power of Investigation
 
charge under Criminal procedure code, 1908
 charge under Criminal procedure code, 1908 charge under Criminal procedure code, 1908
charge under Criminal procedure code, 1908
 
Plea bargaining presentation
Plea bargaining presentationPlea bargaining presentation
Plea bargaining presentation
 
Expert opinion and examination of witness, law of evidence in bangladesh
Expert opinion and examination of witness, law of evidence in bangladeshExpert opinion and examination of witness, law of evidence in bangladesh
Expert opinion and examination of witness, law of evidence in bangladesh
 
Efficacy of the Remedies
Efficacy of the RemediesEfficacy of the Remedies
Efficacy of the Remedies
 
privileged class deviance ( concept &nature)
privileged class deviance ( concept &nature)privileged class deviance ( concept &nature)
privileged class deviance ( concept &nature)
 
Search and seizure
Search and seizureSearch and seizure
Search and seizure
 
Probation
Probation Probation
Probation
 
Recording of Evidence
Recording of EvidenceRecording of Evidence
Recording of Evidence
 
Section 32 of the Indian Evidence Act
Section 32 of the Indian Evidence ActSection 32 of the Indian Evidence Act
Section 32 of the Indian Evidence Act
 
Criminal trial
Criminal trialCriminal trial
Criminal trial
 
First Information Report (F.I.R)
First Information Report (F.I.R)  First Information Report (F.I.R)
First Information Report (F.I.R)
 
hierarchy of criminal Courts in india
hierarchy of criminal Courts in india hierarchy of criminal Courts in india
hierarchy of criminal Courts in india
 
Cr pc complete-notes-pdf (1)-2
Cr pc complete-notes-pdf (1)-2Cr pc complete-notes-pdf (1)-2
Cr pc complete-notes-pdf (1)-2
 
Investigation with respect to the cognizable offence by police- FIR, Chargesh...
Investigation with respect to the cognizable offence by police- FIR, Chargesh...Investigation with respect to the cognizable offence by police- FIR, Chargesh...
Investigation with respect to the cognizable offence by police- FIR, Chargesh...
 
Bail in India
Bail in IndiaBail in India
Bail in India
 

Andere mochten auch

Andere mochten auch (15)

L 15 dr.gk (1)
L 15 dr.gk (1)L 15 dr.gk (1)
L 15 dr.gk (1)
 
Police ppt
Police pptPolice ppt
Police ppt
 
498a
498a498a
498a
 
Procedure of investigation (Indian Perspective)
Procedure of investigation (Indian Perspective)Procedure of investigation (Indian Perspective)
Procedure of investigation (Indian Perspective)
 
CRIME COGNIZABLE
CRIME COGNIZABLECRIME COGNIZABLE
CRIME COGNIZABLE
 
Fir registration system
Fir registration systemFir registration system
Fir registration system
 
FIR- First Information Report
FIR- First Information ReportFIR- First Information Report
FIR- First Information Report
 
Code of criminal procedure (2)
Code of criminal procedure (2)Code of criminal procedure (2)
Code of criminal procedure (2)
 
Indian Criminal Procedure Code.
Indian Criminal Procedure Code.Indian Criminal Procedure Code.
Indian Criminal Procedure Code.
 
Crpc ppt final sindu
Crpc ppt final sinduCrpc ppt final sindu
Crpc ppt final sindu
 
Police officer powerpoint
Police officer powerpointPolice officer powerpoint
Police officer powerpoint
 
Fera and fema
Fera and femaFera and fema
Fera and fema
 
BLEAP QPAC Marketing course - University of York
BLEAP QPAC Marketing course - University of YorkBLEAP QPAC Marketing course - University of York
BLEAP QPAC Marketing course - University of York
 
Criminal Procedure Law
Criminal Procedure LawCriminal Procedure Law
Criminal Procedure Law
 
Notes on criminal procedure code
Notes on criminal procedure codeNotes on criminal procedure code
Notes on criminal procedure code
 

Ähnlich wie Cognizable by n

Pre trial proceedings in criminal case by ghulam hamid
Pre trial proceedings in criminal case by ghulam hamidPre trial proceedings in criminal case by ghulam hamid
Pre trial proceedings in criminal case by ghulam hamidzulfi799
 
The Legal Nuances Surrounding Bail and Anticipatory Bail by Madhuparna Ray
The Legal Nuances Surrounding Bail and Anticipatory Bail by Madhuparna RayThe Legal Nuances Surrounding Bail and Anticipatory Bail by Madhuparna Ray
The Legal Nuances Surrounding Bail and Anticipatory Bail by Madhuparna RayMadhuparnaRay
 
Landmark judgement on 498 a false dowry case
Landmark judgement on 498 a false dowry caseLandmark judgement on 498 a false dowry case
Landmark judgement on 498 a false dowry casegurpreet singh
 
Various stages of a Criminal trial In India
Various stages of a Criminal trial In IndiaVarious stages of a Criminal trial In India
Various stages of a Criminal trial In IndiaVishal Saini Advocate
 
Sc order 16-aug-2021
Sc order 16-aug-2021Sc order 16-aug-2021
Sc order 16-aug-2021sabrangind
 
Right of bail
Right of bailRight of bail
Right of bailrizwana13
 
Bailable sheria ya haki kwa mtuhumiwa TANZANIA
Bailable sheria ya haki kwa mtuhumiwa TANZANIABailable sheria ya haki kwa mtuhumiwa TANZANIA
Bailable sheria ya haki kwa mtuhumiwa TANZANIAAFRA PAUL
 
Arrests(Criminal procedure in Kenya)
Arrests(Criminal procedure in Kenya)Arrests(Criminal procedure in Kenya)
Arrests(Criminal procedure in Kenya)Quincy Kiptoo
 
crpc_presentation.pptx
crpc_presentation.pptxcrpc_presentation.pptx
crpc_presentation.pptxLAKSHMIK273902
 
Ppt on criminal justice system class 8
Ppt on criminal justice system class 8Ppt on criminal justice system class 8
Ppt on criminal justice system class 8jyotiBisht31
 
Criminal justice system
Criminal justice systemCriminal justice system
Criminal justice systeminderkumar50
 
Role of police in criminal justice system
Role of police in criminal justice system Role of police in criminal justice system
Role of police in criminal justice system BANGLADESH POLICE
 
RIGHTS OF AN ARRESTEE DURING POLICE ARREST
RIGHTS OF AN ARRESTEE DURING POLICE ARRESTRIGHTS OF AN ARRESTEE DURING POLICE ARREST
RIGHTS OF AN ARRESTEE DURING POLICE ARRESTUgochukwu Ugwu
 

Ähnlich wie Cognizable by n (20)

Criminal laws
Criminal lawsCriminal laws
Criminal laws
 
Pre trial proceedings in criminal case by ghulam hamid
Pre trial proceedings in criminal case by ghulam hamidPre trial proceedings in criminal case by ghulam hamid
Pre trial proceedings in criminal case by ghulam hamid
 
The Legal Nuances Surrounding Bail and Anticipatory Bail by Madhuparna Ray
The Legal Nuances Surrounding Bail and Anticipatory Bail by Madhuparna RayThe Legal Nuances Surrounding Bail and Anticipatory Bail by Madhuparna Ray
The Legal Nuances Surrounding Bail and Anticipatory Bail by Madhuparna Ray
 
Landmark judgement on 498 a false dowry case
Landmark judgement on 498 a false dowry caseLandmark judgement on 498 a false dowry case
Landmark judgement on 498 a false dowry case
 
Cr.p.c. (short notes)
Cr.p.c. (short notes)Cr.p.c. (short notes)
Cr.p.c. (short notes)
 
Various stages of a Criminal trial In India
Various stages of a Criminal trial In IndiaVarious stages of a Criminal trial In India
Various stages of a Criminal trial In India
 
Right to fair trial
Right to fair trialRight to fair trial
Right to fair trial
 
Sc order 16-aug-2021
Sc order 16-aug-2021Sc order 16-aug-2021
Sc order 16-aug-2021
 
drugs ppt.pptx
drugs ppt.pptxdrugs ppt.pptx
drugs ppt.pptx
 
Right of bail
Right of bailRight of bail
Right of bail
 
Bailable sheria ya haki kwa mtuhumiwa TANZANIA
Bailable sheria ya haki kwa mtuhumiwa TANZANIABailable sheria ya haki kwa mtuhumiwa TANZANIA
Bailable sheria ya haki kwa mtuhumiwa TANZANIA
 
criminal justice system
criminal justice systemcriminal justice system
criminal justice system
 
Arrests(Criminal procedure in Kenya)
Arrests(Criminal procedure in Kenya)Arrests(Criminal procedure in Kenya)
Arrests(Criminal procedure in Kenya)
 
crpc_presentation.pptx
crpc_presentation.pptxcrpc_presentation.pptx
crpc_presentation.pptx
 
Ppt on criminal justice system class 8
Ppt on criminal justice system class 8Ppt on criminal justice system class 8
Ppt on criminal justice system class 8
 
police_organisations.pdf
police_organisations.pdfpolice_organisations.pdf
police_organisations.pdf
 
INQUEST.pptx
INQUEST.pptxINQUEST.pptx
INQUEST.pptx
 
Criminal justice system
Criminal justice systemCriminal justice system
Criminal justice system
 
Role of police in criminal justice system
Role of police in criminal justice system Role of police in criminal justice system
Role of police in criminal justice system
 
RIGHTS OF AN ARRESTEE DURING POLICE ARREST
RIGHTS OF AN ARRESTEE DURING POLICE ARRESTRIGHTS OF AN ARRESTEE DURING POLICE ARREST
RIGHTS OF AN ARRESTEE DURING POLICE ARREST
 

Mehr von east zone medico legal services pvt.ltd

Medico legal guidelines the following category of cases should be made as m
Medico legal guidelines the following  category of cases should be made as mMedico legal guidelines the following  category of cases should be made as m
Medico legal guidelines the following category of cases should be made as meast zone medico legal services pvt.ltd
 

Mehr von east zone medico legal services pvt.ltd (20)

Medicalrecord keeping 2 (1)
Medicalrecord keeping 2 (1)Medicalrecord keeping 2 (1)
Medicalrecord keeping 2 (1)
 
Consentsmlc 1 (1)
Consentsmlc 1 (1)Consentsmlc 1 (1)
Consentsmlc 1 (1)
 
Mlc2021 india (1)
Mlc2021 india (1)Mlc2021 india (1)
Mlc2021 india (1)
 
Crpc for medical negli
Crpc for medical negliCrpc for medical negli
Crpc for medical negli
 
East zone medico legal services pvt2021 leplet (1)
East zone medico legal services pvt2021 leplet (1)East zone medico legal services pvt2021 leplet (1)
East zone medico legal services pvt2021 leplet (1)
 
Criminal liability for medical negligence cases in india
Criminal liability for medical negligence cases in indiaCriminal liability for medical negligence cases in india
Criminal liability for medical negligence cases in india
 
Medical record
Medical recordMedical record
Medical record
 
Fire sfety rules
Fire sfety rulesFire sfety rules
Fire sfety rules
 
Consents medico legal case
Consents medico legal case Consents medico legal case
Consents medico legal case
 
Form consent for_release_of_medical_records_use_disclosure_of_phi
Form consent for_release_of_medical_records_use_disclosure_of_phiForm consent for_release_of_medical_records_use_disclosure_of_phi
Form consent for_release_of_medical_records_use_disclosure_of_phi
 
C section
C section C section
C section
 
Ic apndx c-c-sec-2
Ic apndx c-c-sec-2Ic apndx c-c-sec-2
Ic apndx c-c-sec-2
 
Law in india medico legal
Law in india medico legalLaw in india medico legal
Law in india medico legal
 
Medico legal 2017
Medico legal 2017Medico legal 2017
Medico legal 2017
 
Forensic or legal medicine
Forensic or legal medicineForensic or legal medicine
Forensic or legal medicine
 
Law in india medico legal
Law in india medico legalLaw in india medico legal
Law in india medico legal
 
Eastzone medico legal seervices pvt LTD
Eastzone medico legal seervices pvt LTDEastzone medico legal seervices pvt LTD
Eastzone medico legal seervices pvt LTD
 
Medico legal guidelines the following category of cases should be made as m
Medico legal guidelines the following  category of cases should be made as mMedico legal guidelines the following  category of cases should be made as m
Medico legal guidelines the following category of cases should be made as m
 
Law in india medico legal
Law in india medico legalLaw in india medico legal
Law in india medico legal
 
Breech in labour
Breech in labourBreech in labour
Breech in labour
 

Kürzlich hochgeladen

Understanding Cyber Crime Litigation: Key Concepts and Legal Frameworks
Understanding Cyber Crime Litigation: Key Concepts and Legal FrameworksUnderstanding Cyber Crime Litigation: Key Concepts and Legal Frameworks
Understanding Cyber Crime Litigation: Key Concepts and Legal FrameworksFinlaw Associates
 
Town of Haverhill's Summary Judgment Motion for Declaratory Judgment Case
Town of Haverhill's Summary Judgment Motion for Declaratory Judgment CaseTown of Haverhill's Summary Judgment Motion for Declaratory Judgment Case
Town of Haverhill's Summary Judgment Motion for Declaratory Judgment CaseRich Bergeron
 
Hungarian legislation made by Robert Miklos
Hungarian legislation made by Robert MiklosHungarian legislation made by Robert Miklos
Hungarian legislation made by Robert Miklosbeduinpower135
 
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims ...
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims ...Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims ...
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims ...Rich Bergeron
 
Grey Area of the Information Technology Act, 2000.pptx
Grey Area of the Information Technology Act, 2000.pptxGrey Area of the Information Technology Act, 2000.pptx
Grey Area of the Information Technology Act, 2000.pptxBharatMunjal4
 
Are There Any Alternatives To Jail Time For Sex Crime Convictions in Los Angeles
Are There Any Alternatives To Jail Time For Sex Crime Convictions in Los AngelesAre There Any Alternatives To Jail Time For Sex Crime Convictions in Los Angeles
Are There Any Alternatives To Jail Time For Sex Crime Convictions in Los AngelesChesley Lawyer
 
Sarvesh Raj IPS - A Journey of Dedication and Leadership.pptx
Sarvesh Raj IPS - A Journey of Dedication and Leadership.pptxSarvesh Raj IPS - A Journey of Dedication and Leadership.pptx
Sarvesh Raj IPS - A Journey of Dedication and Leadership.pptxAnto Jebin
 
Labour legislations in India and its history
Labour legislations in India and its historyLabour legislations in India and its history
Labour legislations in India and its historyprasannamurthy6
 
Right to life and personal liberty under article 21
Right to life and personal liberty under article 21Right to life and personal liberty under article 21
Right to life and personal liberty under article 21vasanthakumarsk17
 
RA. 7432 and RA 9994 Senior Citizen .pptx
RA. 7432 and RA 9994 Senior Citizen .pptxRA. 7432 and RA 9994 Senior Citizen .pptx
RA. 7432 and RA 9994 Senior Citizen .pptxJFSB1
 
Guide for Drug Education and Vice Control.docx
Guide for Drug Education and Vice Control.docxGuide for Drug Education and Vice Control.docx
Guide for Drug Education and Vice Control.docxjennysansano2
 
PPT Template - Federal Law Enforcement Training Center
PPT Template - Federal Law Enforcement Training CenterPPT Template - Federal Law Enforcement Training Center
PPT Template - Federal Law Enforcement Training Centerejlfernandez22
 
Analysis on Law of Domicile under Private International laws.
Analysis on Law of Domicile under Private International laws.Analysis on Law of Domicile under Private International laws.
Analysis on Law of Domicile under Private International laws.2020000445musaib
 
citizenship in the Philippines as to the laws applicable
citizenship in the Philippines as to the laws applicablecitizenship in the Philippines as to the laws applicable
citizenship in the Philippines as to the laws applicableSaraSantiago44
 
Town of Haverhill's Statement of Material Facts For Declaratory Judgment Moti...
Town of Haverhill's Statement of Material Facts For Declaratory Judgment Moti...Town of Haverhill's Statement of Material Facts For Declaratory Judgment Moti...
Town of Haverhill's Statement of Material Facts For Declaratory Judgment Moti...Rich Bergeron
 
Wurz Financial - Wealth Counsel to Law Firm Owners Services Guide.pdf
Wurz Financial - Wealth Counsel to Law Firm Owners Services Guide.pdfWurz Financial - Wealth Counsel to Law Firm Owners Services Guide.pdf
Wurz Financial - Wealth Counsel to Law Firm Owners Services Guide.pdfssuser3e15612
 
The Punjab Land Reforms AcT 1972 HIRDEBIR.pptx
The Punjab Land Reforms AcT 1972 HIRDEBIR.pptxThe Punjab Land Reforms AcT 1972 HIRDEBIR.pptx
The Punjab Land Reforms AcT 1972 HIRDEBIR.pptxgurcharnsinghlecengl
 
THE INDIAN CONTRACT ACT 1872 NOTES FOR STUDENTS
THE INDIAN CONTRACT ACT 1872 NOTES FOR STUDENTSTHE INDIAN CONTRACT ACT 1872 NOTES FOR STUDENTS
THE INDIAN CONTRACT ACT 1872 NOTES FOR STUDENTSRoshniSingh312153
 
Choosing the Right Business Structure for Your Small Business in Texas
Choosing the Right Business Structure for Your Small Business in TexasChoosing the Right Business Structure for Your Small Business in Texas
Choosing the Right Business Structure for Your Small Business in TexasBrandy Austin
 
1990-2004 Bar Questions and Answers in Sales
1990-2004 Bar Questions and Answers in Sales1990-2004 Bar Questions and Answers in Sales
1990-2004 Bar Questions and Answers in SalesMelvinPernez2
 

Kürzlich hochgeladen (20)

Understanding Cyber Crime Litigation: Key Concepts and Legal Frameworks
Understanding Cyber Crime Litigation: Key Concepts and Legal FrameworksUnderstanding Cyber Crime Litigation: Key Concepts and Legal Frameworks
Understanding Cyber Crime Litigation: Key Concepts and Legal Frameworks
 
Town of Haverhill's Summary Judgment Motion for Declaratory Judgment Case
Town of Haverhill's Summary Judgment Motion for Declaratory Judgment CaseTown of Haverhill's Summary Judgment Motion for Declaratory Judgment Case
Town of Haverhill's Summary Judgment Motion for Declaratory Judgment Case
 
Hungarian legislation made by Robert Miklos
Hungarian legislation made by Robert MiklosHungarian legislation made by Robert Miklos
Hungarian legislation made by Robert Miklos
 
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims ...
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims ...Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims ...
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims ...
 
Grey Area of the Information Technology Act, 2000.pptx
Grey Area of the Information Technology Act, 2000.pptxGrey Area of the Information Technology Act, 2000.pptx
Grey Area of the Information Technology Act, 2000.pptx
 
Are There Any Alternatives To Jail Time For Sex Crime Convictions in Los Angeles
Are There Any Alternatives To Jail Time For Sex Crime Convictions in Los AngelesAre There Any Alternatives To Jail Time For Sex Crime Convictions in Los Angeles
Are There Any Alternatives To Jail Time For Sex Crime Convictions in Los Angeles
 
Sarvesh Raj IPS - A Journey of Dedication and Leadership.pptx
Sarvesh Raj IPS - A Journey of Dedication and Leadership.pptxSarvesh Raj IPS - A Journey of Dedication and Leadership.pptx
Sarvesh Raj IPS - A Journey of Dedication and Leadership.pptx
 
Labour legislations in India and its history
Labour legislations in India and its historyLabour legislations in India and its history
Labour legislations in India and its history
 
Right to life and personal liberty under article 21
Right to life and personal liberty under article 21Right to life and personal liberty under article 21
Right to life and personal liberty under article 21
 
RA. 7432 and RA 9994 Senior Citizen .pptx
RA. 7432 and RA 9994 Senior Citizen .pptxRA. 7432 and RA 9994 Senior Citizen .pptx
RA. 7432 and RA 9994 Senior Citizen .pptx
 
Guide for Drug Education and Vice Control.docx
Guide for Drug Education and Vice Control.docxGuide for Drug Education and Vice Control.docx
Guide for Drug Education and Vice Control.docx
 
PPT Template - Federal Law Enforcement Training Center
PPT Template - Federal Law Enforcement Training CenterPPT Template - Federal Law Enforcement Training Center
PPT Template - Federal Law Enforcement Training Center
 
Analysis on Law of Domicile under Private International laws.
Analysis on Law of Domicile under Private International laws.Analysis on Law of Domicile under Private International laws.
Analysis on Law of Domicile under Private International laws.
 
citizenship in the Philippines as to the laws applicable
citizenship in the Philippines as to the laws applicablecitizenship in the Philippines as to the laws applicable
citizenship in the Philippines as to the laws applicable
 
Town of Haverhill's Statement of Material Facts For Declaratory Judgment Moti...
Town of Haverhill's Statement of Material Facts For Declaratory Judgment Moti...Town of Haverhill's Statement of Material Facts For Declaratory Judgment Moti...
Town of Haverhill's Statement of Material Facts For Declaratory Judgment Moti...
 
Wurz Financial - Wealth Counsel to Law Firm Owners Services Guide.pdf
Wurz Financial - Wealth Counsel to Law Firm Owners Services Guide.pdfWurz Financial - Wealth Counsel to Law Firm Owners Services Guide.pdf
Wurz Financial - Wealth Counsel to Law Firm Owners Services Guide.pdf
 
The Punjab Land Reforms AcT 1972 HIRDEBIR.pptx
The Punjab Land Reforms AcT 1972 HIRDEBIR.pptxThe Punjab Land Reforms AcT 1972 HIRDEBIR.pptx
The Punjab Land Reforms AcT 1972 HIRDEBIR.pptx
 
THE INDIAN CONTRACT ACT 1872 NOTES FOR STUDENTS
THE INDIAN CONTRACT ACT 1872 NOTES FOR STUDENTSTHE INDIAN CONTRACT ACT 1872 NOTES FOR STUDENTS
THE INDIAN CONTRACT ACT 1872 NOTES FOR STUDENTS
 
Choosing the Right Business Structure for Your Small Business in Texas
Choosing the Right Business Structure for Your Small Business in TexasChoosing the Right Business Structure for Your Small Business in Texas
Choosing the Right Business Structure for Your Small Business in Texas
 
1990-2004 Bar Questions and Answers in Sales
1990-2004 Bar Questions and Answers in Sales1990-2004 Bar Questions and Answers in Sales
1990-2004 Bar Questions and Answers in Sales
 

Cognizable by n

  • 1. COGNIZABLE AND A NON-COGNIZABLE OFFENCE Crime can be Cognizable or Non-Cognizable Difference between a cognizable and a non- cognizable offence is that in a non-cognizable offence the Police cannot arrest a person without orders of the court, i.e. without a Court warrant and can investigate into the case only on the express directions of the court to that effect. Therefore, the experience is that in a non-cognizable offence the Police Station officer records the complaint as a non-cognizable offense, commonly referred as a N.C., and advises the complaint or victim to apporach the court for further directions. In a cognizable offense the police can take cognizance of the offense on its own i.e. it need not wait for the court orders as the law envisages that in such offences permission of the court to the police to investigate the crime is implicit in Non-Cognizable offenses police cannot arrest the accused without the court order, but in cognizable offense a police officer can arrest without any court orders. Such cases are mainly, murder, attempt to murder, rape and in heinous offences India has a well-established statutory, administrative and judicial framework for criminal trials. Indian Penal laws are primarily governed by 3 Acts: 1. The Code of Criminal Procedure, 1973 (Cr.P.C.); 2. The Indian Penal Code, 1960 (IPC); 3. The Indian Evidence Act, 1872 (IEA). Cr.P.C. is a comprehensive and exhaustive procedural law for conducting a criminal trial in India, including the manner for collection of evidence, examination of witnesses, interrogation of accused, arrests, safeguards and procedure to be adopted by Police and Courts, bail, process of criminal trial, method of conviction, and the rights of the accused for a fair trial. The procedure for a criminal trial in India, is primarily, except as otherwise provided, governed by The Code of Criminal Procedure, 1973 (Cr.P.C.). IPC is the primary penal law of India, which is applicable to all offences, except as may be provided under any other law in India. IEA is a detailed treaty on the law of "evidence", which can be tendered in trial, manner of production of the evidence in trial, and the evidentiary value, which can be attached to such evidence. IEA also deals with the judicial presumptions, expert and scientific evidence. There are certain other laws, which have been enacted to deal with criminality in special circumstances. It is also important to note that India follows the adversarial system, where generally the onus of proof is on the State (Prosecution) to prove the case against the accused, and until and unless the allegation against the accused are proved beyond reasonable doubt, the accused is presumed to be innocent. In certain exceptional cases, which may relate to terrorism, etc., the onus of proof has been put on the accused person, who claims to be not guilty.
  • 2. COGNIZABLE AND A NON-COGNIZABLE OFFENCE India has a highly developed criminal jurisprudence and prosecution system, supported by judicial precedents, however, there may be certain issues or concerns relating to the execution of the same by Police and implementation by Judiciary. The courts in India, particularly High Courts and Supreme Court have been proactively guarding the rights of the accused. Even Article 21 of the Constitution of India has been interpreted in a highly dynamic manner to protect the rights, life and liberty of the citizens, by also incorporating the principles of natural justice. By the flowchart hereinbelow, an attempt is being made to make the reader briefly understand the process of criminal investigation and trial in India, as a lot of foreign companies and Ex-pats are coming to India, and due to unfortunate circumstances, they may, at times find themselves embroiled in unnecessary criminal cases. To appreciate the process of Indian criminal law, it is necessary that to understand following important terminology: 1. Bailable Offence, means an offence, which has been categorized as bailable, and in case of such offence, bail can be claimed, subject to fulfillment of certain conditions, as a matter of right under Section 436 of the Cr.P.C. In case of bailable offences, the Police is authorised to give bail to the accused at the time of arrest or detention. 2. Non-bailable Offence, means an offence in which the bail cannot be granted as a matter of right, except on the orders of a competent court. In such cases, the accused can apply for grant of bail under Section 437 and 439 of the Cr.P.C. It is important to note that the grant of bail in a non-bailable offence is subject to judicial discretion of the Court, and it has been mandated by the Supreme Court of India that "Bail, not Jail" should be the governing and guiding principle. 3. Anticipatory Bail, under Section 438 of the Cr.P.C., means that a person who apprehends arrest on a wrong accusation of committing a non-bailable offence, can apply before a competent court for a direction to police to immediately release such a person on bail in the event of arrest. However, the grant of anticipatory bail is discretionary and dependant on the nature and gravity of accusations, the antecedents of the applicant and the possibility of the applicant fleeing from justice. 4. Cognizable Offence/case, has been defined under Section 2 (c) of Cr.P.C., as an offence/case in which a Police Office can arrest without a warrant. 5. Non-cognizable Offence/case, has been defined under Section 2 (l) of Cr.P.C., as an offence/case in which a Police Officer has no authority to arrest without a warrant. 6. Whether an offence/case is bailable or not bailable, and cognizable or non-cognizable, has been qualified under the 1st Table of the 1st Schedule of Cr.P.C., which relate to the offences under IPC. 7. F.I.R (first information report), is formal recordal of a complaint, by police in case of commission of a cognizable offence, and can be considered as a first step in the process of the investigation of a cognizable offence by Police.
  • 3. COGNIZABLE AND A NON-COGNIZABLE OFFENCE 8. The Table II of the 1st Schedule of Cr.P.C., gives a general guideline to determine whether an offence is bailable, non-bailable, cognizable or non-cognizable. The criteria in the table below, is applicable in those cases which are silent on this aspect. For easy understanding, the following criteria may be understood: Offence Cognizable or Non- Cognizable Bailable or Non-bailable Punishable With Imprisonment For  Less Than 3 Years or with fine only Non-cognizable Bailable Punishable With Imprisonment For  3 Years or more Cognizable Non-Bailable 9. The criminal investigation process and prosecution mechanism in India, can be started in any of the following manner: a. On complaint /reporting /knowledge of the commission of a cognizable offence, any police officer, even without the orders of a Magistrate, can investigate the cognizable case. [Section 156 (1) of the Cr.P.C.] b. In case of failure or inaction of a police officer to investigate a cognizable offence, a criminal complaint can be filed before a Magistrate under Section 190 of Cr.P.C., for taking cognizance of such offence, and on such complaint, the Magistrate himself can take cognizance of the case and do the enquiry, or in the alternative under Section 156 (3) of the Cr.P.C., order Police to register an F.I.R and investigate the offence. c. In case of non-cognizable offence, Police is not obliged to investigate, and the judicial process can be started by filing a criminal complaint before the competent court, under Section 190 of the Cr.P.C.