Cognizable Offense

A cognizable offence is a criminal offence in which a police officer is empowered to register a First Information Report, arrest the accused without a warrant, and begin investigation without the prior order of a Magistrate. These are generally the more serious offences, and the category is defined and classified under India's current criminal procedure law, the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which replaced the Code of Criminal Procedure, 1973 with effect from 1 July 2024.

Legal basis

Section 2(1)(g) of the BNSS defines a cognizable offence as one for which a police officer may arrest without a warrant in accordance with the First Schedule or any other law in force. Whether a specific offence is cognizable or non-cognizable is stated in the First Schedule to the BNSS against each provision of the Bharatiya Nyaya Sanhita, 2023 (which replaced the IPC).

How it works

• The police record a First Information Report under Section 173 of the BNSS.
• They may investigate without a Magistrate's order under Section 175.
• They may arrest without a warrant under Section 35, subject to the safeguards in that section.

For offences punishable with imprisonment of less than seven years, Section 35(3) generally requires the police to first serve a notice of appearance rather than arrest immediately, following the Supreme Court's Arnesh Kumar principle now codified in the BNSS.

Examples

Murder, rape, dowry death, kidnapping, robbery and criminal breach of trust are typically cognizable. By contrast, non-cognizable offences such as simple defamation or public nuisance require a Magistrate's permission before the police can investigate.