Non-cognizable offence

Polity & Governance glossary

Topic: Justice Delivery: Subordinate Courts, Tribunals, Legal Aid and Judicial Reforms · NCERT: Beyond NCERT

Meaning

A non-cognizable offence is a less serious crime. The police cannot arrest the accused without a warrant. They also cannot start investigating without a magistrate's order. The law treats these offences as mainly harming an individual, so a magistrate first decides whether police action is needed. This keeps the police from arresting people too easily over minor matters.

Example

Defamation is a non-cognizable offence. If someone harms your reputation with false statements, the police cannot arrest that person on their own. You must approach a magistrate, who can then order action.

Don't confuse with

  • Cognizable offence: here the police can arrest without a warrant and investigate without a magistrate's order. Examples are murder and rape.
  • Bailable offence: this is about whether bail is a right. It is not about whether police can arrest without a warrant.

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