Cognizable and Non-Cognizable Offences

Cognizable Offence
Section 2(c) “cognizable offence” means an offence for which, and
“cognizable case means a case in which, a police may, in accordance with
the First Schedule or under any other law for the time being in force, arrest
without warrant.

Non-Cognizable Offence
Section 2(l) “non-cognizable offence” means an offence for which, and “non-
cognizable case” means a case in which, a police officer has no authority
to arrest without warrant.

The Code has not given any guidelines to determine whether a particular
offence belongs to one category or the other. It all depends on whether it is
shown as cognizable or non-cognizable in the First Schedule of the Code.
The Schedule refers to all the offences under the Indian Penal Code and
puts them into cognizable or non-cognizable categories.
All serious offences are considered as cognizable. The seriousness of the
offence is to be determined in relation to the maximum punishment
provided for the offence.

For offences under the laws other than the Indian Penal Code -
Offences punishable with imprisonment for three years or more have been
shown as cognizable
Offences punishable with imprisonment for less than three years have
been shown as non-cognizablec
This rule is subject to any rule to the contrary provided in that law.

Under Section 156(1) provides that in case of a cognizable offence a police

officer can arrest the accused person without any warrant or authority
issued by a magistrate and can investigate into such a case without any
orders or directions from a magistrate.
Section 157 casts a duty upon the investigating officer to forthwith send
the report of the cognizable offence to concerned magistrate. The purpose
for forthwith sending to report to the concerned Magistrate is to keep the
concerned magistrate informed of the investigation of a cognizable offence
so that he may be able to control the investigation and if required, to issue
appropriate directions.
Section 155(2) provides that the investigating officer has neither the duty
nor the power to investigate into such offence without the authority given
by a judicial magistrate
Section 155(4) Where a case relates to two or more offences of which at
least one is cognizable, the case shall be deemed to be a cognizable case,
notwithstanding that the other offence is non-cognizable.

Compoundable and non-compoundable offences: Compoundable offences are those

which can be compromised by the parties to the dispute. The permission of the court is not
necessary. When an offence is compounded, the party, who has been aggrieved by the
offence, is compensated for his grievance. Suppose your car accidentally hits a person on the
road and he is injured. Though you may be guilty of rash and negligent driving, you can settle
the matter by paying some money to the victim.

Non-compoundable offences are those which can be compromised by any means. e.g.
murder is a non-compoundable offence.