Cognizable and non-cognizable offences are two legal terms that are used to categorize criminal offences.
In the legal system, the classification of an offence as cognizable or non-cognizable is essential in determining how law enforcement agencies can investigate and prosecute criminal offences.
I am Supriya Gill, a lawyer and in this article, we will delve into what cognizable and non-cognizable offences are, provide examples of each, and discuss the differences between them.
Cognizable offences are more serious and allow the police to arrest the accused without a warrant, while non-cognizable offences are less serious and require a warrant from the court before making an arrest.
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The classification of offences as cognizable and non-cognizable is essential in the criminal justice system for several reasons.
Cognizable offences are criminal offences that are considered to be more serious and have a direct impact on public safety and security.
These offences are usually investigated by the police without a warrant, and the accused can be arrested without prior permission from the court. The police have broad powers of investigation in cognizable offences and can initiate an investigation on their own.
Cognizable offences are criminal offences that are considered to be serious and have a significant impact on public safety and security.
These offences are usually investigated by the police without a warrant and the accused can be arrested without prior permission from the court. The police have wide powers of investigation in cognizable offences and can initiate an investigation on their own.
Cognizable offences are considered to be more serious than non-cognizable offences. These offences are classified as cognizable because they directly affect public safety and security.
In cognizable offences, the police can arrest the accused without a warrant based on suspicion. The police must inform the accused of their right to legal representation and ensure that their rights are protected during the investigation. The accused can also be remanded to police custody for a specified period for further investigation.
The court plays a limited role in the investigation and arrest process of cognizable offences.
The court’s primary role is to ensure that the police are acting within the limits of their legal powers and that the accused’s rights are protected.
The court can also issue orders to the police to ensure that the investigation is conducted fairly and impartially.
Examples of Cognizable offences in the Indian criminal justice system include: