Non-Cognizable Offense

A non-cognizable offence is a criminal offence for which the police have no authority to arrest a person without a warrant and cannot begin an investigation without the prior order of a Magistrate. It is defined in Section 2(o) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) — the code that replaced the Code of Criminal Procedure, 1973, with effect from 1 July 2024. These are generally the less serious offences, such as simple hurt, defamation, public nuisance and criminal intimidation, and most of them are also bailable.

How the police respond

When someone reports a non-cognizable offence, the officer in charge records the substance of the complaint in the station's designated register and issues a Non-Cognizable Report (NCR). Unlike an FIR in a cognizable case, an NCR does not by itself authorise investigation; the informant is directed to approach the jurisdictional Magistrate for an order to proceed.

Legal basis

• Section 2(o), BNSS 2023 — defines the offence and the rule that there is no arrest without a warrant.
• Section 174, BNSS — recording of information, referral to the Magistrate, and the bar on investigating without a Magistrate's order.
• The First Schedule to the BNSS classifies each offence as cognizable or non-cognizable and bailable or non-bailable.

Once a Magistrate permits

After the Magistrate orders an inquiry, the investigating officer may exercise the same powers as in a cognizable case, except the power to arrest without a warrant. Taking the accused into custody still requires a warrant from the court, keeping judicial oversight over these minor matters.