Cognizance of an offence

Introduction

An offence can be categorized into different types on the basis of various factors. One such categorization is that of the cognizable offence and non-cognizable offence. Cognizable offences are those offences which are serious in nature. For example- Murder, Rape, Dowry Death, Kidnapping, Theft, Criminal Breach of Trust, Unnatural Offences. And warrant cases are those cases which are punishable with death, life imprisonment with death or life imprisonment and imprisonment not less than 7 years.

Cognizable offence: Section 2(c) of Criminal Procedure Code defines that an offence where a police officer may arrest to any person/accused without a warrant, without consent of the magistrate under the provision of section 151 of CrPC.

Non-Cognizable offence: Section 2(l) of the Criminal Procedure Code defines that an offence where a police officer cannot arrest a person without warrant.

When a complaint alleging the commission of a cognizable offence is lodged before the officer-in-charge of a police station, he has to mandatorily register an FIR in view of the statutory compulsion under Section 154 (1) CrPC. There is, however, the Judge-made law that the S.H.O, before registering an FIR, can conduct a preliminary inquiry in the following cases: –

1. To ascertain whether the information received discloses a cognizable offence.
2. In matrimonial disputes/family disputes.
3. In commercial offences.
4. In medical negligence cases.
5. In corruption cases.

Where an F.I.R is registered under these circumstances then they become a cognizable offence. Being a cognizable offence, an officer-in-charge of a police station has a right and authority under Section 156(1) CrPC to conduct an investigation of the case without the order of a Magistrate.

Taking Cognizance of an offence

The word taking cognizance of an offence has not been defined under CrPC. But the process for taking cognizance of an offence is covered by Chapter XIV of CrPC. Sections 190 to 199 in that Chapter are the relevant sections pertaining to the condition’s requisite for initiation of proceedings.

Where the complaint alleges the commission of both cognizable and non-cognizable offences, then, by virtue of Section 2(c) read with Section 155 (4) CrPC it should be treated as a “cognizable case” and consequently, the S.H.O derives power under Section 156 (1) CrPC to investigate the case without the order of the Magistrate concerned.

A police officer can also investigate the case without the consent of the magistrate under the procedure of section 156(1). But section 156 (1) Cr.pc guardedly uses the expression “cognizable case” and not “cognizable offence.

When a magistrate can take cognizance in any offence?

A magistrate can take cognizance in five conditions of the offence under Section 190 (1) CrPC:

1. Private Complaint: It is defined under Section 2(d) of CrPC. Upon any allegation which has made orally or in writing to a magistrate, with the view of taking action under the code against that person (maybe known or unknown) who has committed an offence, but does not include a police report.
2. Police Report: It is defined under section 2(r) CrPC. As per this provision, if a report has been forwarded by a police officer before the magistrate under Section 173(2).
3. Upon information received from any person (electronic media or on the internet) other than a police officer.
4. Upon the own knowledge of the Magistrate or in the presence of the Magistrate.
5. 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 offences are non-cognizable.

When a magistrate received a complaint, and after the examination of complainant under Section 200 of CrPC he can take cognizance of the offence under Section 190 (1) (a) CrPC.

If the magistrate upon receiving a police report applies his mind and takes the case on file against all or any of the accused persons for all or any of the offences alleged and issues process, he can legitimately be said to have taken cognizance of the offence under Section 190 (1) (b) CrPC.

A report made by a police officer in a case which discloses, after investigation, the commission of a non-cognizable offence be deemed to be a complaint; and the police officer by whom such report is made shall be deemed to be the complainant.

-Niyti Jangra
Law Offices of Kr.Vivek Tanwar, Advocate & Associates