A Non-cognizable offence is an offence written under the first edition of the Indian Penal Code and is bailable in nature. If there is a Non-cognizable offence, the police cannot arrest the accused without permission and they cannot start an investigation without the court’s permission. Cases of fraud, cheating, defamation, public nuisance, etc., fall into the category of non-cognizable crimes.

In this type of crime, a criminal complaint is lodged with the metropolitan magistrate who must order the relevant police station to launch an investigation. The police officer must file charge sheet in court following the trial. After the trial, if the accused is found guilty, the court gives an order to issue a warrant of arrest for the accused. Some examples of Non-cognizable offences are as follows:

1. Assault,

2. Cheating,

3. Forgery

Non-cognizable offence is defined in the Criminal Procedure Code as a case where the police do not have the authority to arrest without a warrant.

Non-cognizable offences are those that are not naturally serious. For example- Assault, Cheating, Fraud, Degradation, etc.

Section 155 of the CrPC provides that if a police officer receives information about a Non-cognizable offence, he or she must enter the case summary in the station diary and refer it to the informant to the relevant Magistrate.

Under Non-cognizable offence, in order to start an investigation, it is important that the police get permission from the Magistrate.

Key Elements of Non-cognizable offence are:-

• Non-cognizable offences are those offences, where a police officer cannot arrest a person without a warrant.

 In such arrests, all steps must be followed as

• Appeal / F.I.R.

• Investigation

  Charge Sheet

• A charge sheet will be filed in court

• Trial

• Final order of arrest if a crime has been committed.

Procedure to be followed in Non-cognizable offences

Under the Code of Criminal Procedure, no police officer should investigate a Non-cognizable offence without the order of the magistrate concerned. When a police officer asks a magistrate for permission, it is not always necessary to give permission.

It is permissible for a magistrate to grant permission or refuse to grant permission in such cases but he must give reasons for his decision.In a case before the High Court, the accused challenged the magistrate’s order with the permission of the police to investigate the case registered under Section 182 IPC (false information for the purpose of making a public servant use his legal powers to injure another person).

As for the details of the case, a formal investigation was conducted against some of the officials who became involved in corruption while performing their official duties. Prior to this, the initial investigation was conducted by a police officer and as part of it, he wrote down the statements of the applicant and others.

However, during the official investigation, they turned their faces away and did not support the report given to them by the police about the corrupt practices of those criminal officers. On the contrary, they turned hostile and gave false statements to help corrupt officials. Taking it seriously, the police lodged a complaint against them under this Section 182 IPC.

Accordingly, the relevant inspector of police has registered a case against them in this case which is a Non-cognizable offence and the police officer (complainant) sought the permission of the relevant magistrate to investigate the matter.

Aishwarya Says:

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