Cognizable and non-cognizable offence

 COGNIZABLE AND NON-COGNIZABLE OFFENCE

INTRODUCTION

Cognizable offences are non-bailable offences. While, non-cognizable offences are described under 2(I) of the Criminal Procedure Code, 1973 as such offences wherein the police cannot arrest the accused without warrant and cannot start the research without the courts permission.

FIR AND COMPLAINT

FIR relates a cognizable offence. Police complaint can be filed for both non cognizable and cognizable class of offence. Section 2(d) of criminal procedure code says that the complaint is to be given to a magistrate either by way of spoken or in writing. FIR is lodged at police station.

CASE INCLUDING BOTH COGNIZABLE AND NON-COGNIZABLE OFFENCES

In line with Section 154(4) of the criminal procedure Code, while or greater offences are there in a case, of which at the least one is of cognizable nature, and different of non-cognizable nature, then the entire case need to be dealt as a cognizable case, and the investigating officer can have all the powers and authority as he has in investigating a cognizable case.

CASE ANALYSIS

Lalita Kumari Vs state of U.P

The Honorable supreme court held that under Section 154 a police officer is certain to register FIR if the information followed is a cognizable offence, the Court went even further to held that expression “Shall’ leaves no discretion to a police officer to do premolar research before registering the FIR. The court additionally held that stringent movement will be taken in opposition to earing officers who had refused to sign up the FIR. However, the court held arrest and investigation are extraordinary principles under Section 154 does which don't give the right to police to arrest the person. If FIR is registered in opposition him with no such evidence, it should be noted under section 154 

COGNIZANCE OF OFFENCES BY MAGISTRATE

Cognizance of offences by magistrate comes under Section 190. Under Section 200, the object of examination under section 200 is to ascertain whether there is a prima facia case against the person accused in the complaint and to prevent the issue of process on a complaint which either falls or is intended to only have harass such a person.

CHANDRADEVA SINGH Vs. PRAKASH CHANDRABOSE

The court observed that were there is prima facia evidence, even though the accused may have the defense that the offence is committed by some other persons. The matter has to be decided by the appropriate forum at the appropriate stage and the issue of process cannot be refused. The magistrate only has to determine whether there is sufficient ground for proceeding or not. He doesn’t have to look for sufficient ground for conviction.

*Section 41B is a procedural safeguard which makes mandatory for the police officer who is conducting the arrest to follow certain guidelines.

*The police officer has to bear a clear identification of his name (ID CARD)

*Prepare a memorandum of arrest which shall be signed by member of family and also by the arrested person.

*If the memorandum is not signed by a relative the arrested person shall have the right to inform one relative about the arrest.