A cognizable offence is a crime in which a police officer in terms of the original plan or under any other law during the period in force, may serve a sentence without a warrant and may initiate an investigation without the consent of the court. Cognizable offences are usually more serious or environmental in nature such as murder, rape, kidnapping, theft, murder, etc. The first information report (FIR) is registered only for cognizable crimes.
Under section 154 of the Criminal Procedure Code (CRPC), a police officer must register a FIR (First Information Report) in the event of a cognizable offence. He may also conduct a preliminary investigation before registering a FIR (First Information Report). In these cases, the arrested person is arrested and must appear before a magistrate at the appointed time. Some examples of cognizable offence are the following:
1. To fight or attempt to fight, or to wage war against the Indian government,
4. Dowry Death,
7. Violation of Criminal Trust,
8. Unusual cases.
Section 154 of the Criminal Procedure Code, 1973 provides that under a cognizable offence a Police Officer must obtain a First Information Report (FIR) relating to a cognizable offence.
1. The cognizable offence is defined under Section 2 of the Criminal Procedure Code. In the case of a Cognizable offence a police officer, in terms of Schedule 1 or under any other law during the period in force, may arrest the person without a warrant or permission / order from the Magistrate.
2. Cognizable offences are those offences which are inherently serious. For example- Murder, Rape, Death of a Demon, Kidnapping, Stealing, Trust Criminal Violations, Unusual Crimes.
3. Section 154 of the CrPC provides that under a cognizable offence, a Police Officer must obtain a First Information Report (FIR) relating to a cognizable offence, which may be obtained without the Magistrate’s consent and submit it to the General Diary to immediately begin an investigation. FIR sets up criminal activity.
4. If a cognizable offence has been committed, a police officer may investigate without the consent of the Magistrate.
Key features of cognizable offences:
• Cognizable offences are those offences where a police officer will arrest without a warrant.
• In such cases, after the arrest, the accused will be brought before the magistrate, and may require the police to investigate the matter.
• After an investigation, if a crime has been committed, which means that the case papers have been filed against the accused, the magistrate may order an arrest warrant.
• During the trial, a bail application can be referred to the relevant magistrate.
• These offences are both bailable and non bailable
Procedure to be followed in Cases of cognizable offence
The procedure relating to the Cognizable Offences is
- FIRST INFORMATION REPORT
- REPORT TO MAGISTRATE
- SEARCH AND PRODUCTION OF DOCUMENTS
- STATEMENT OF WITNESSES
- MEDICAL EXAMINATION
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