Non-cognizable offence
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.
Related concepts
- Criminal justice system
- Police
- Commissionerate system of policing
- Cognizable offence
- First Information Report
- Zero FIR
- e-FIR
- Charge sheet
- Arnesh Kumar guidelines
- Police custody