Distinguish between cognizable and non-cognizable offence under the Criminal Procedure Code, 1973.
CS Executive · Jurisprudence, Interpretation and General Laws · PYQS · June 2019
Distinguish between cognizable and non-cognizable offence under the Criminal Procedure Code, 1973.
Answer & Explanation:
According to Section 2(c) of the Code of Criminal Procedure, 1973, "cognizable offence" means an offence for which, and "cognizable case" means a case in which, a police officer may, in accordance with the First Schedule or under any other law for the time being in force, arrest without warrant. As per Section 2(l) of the Code of Criminal Procedure, 1973, "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. Thus, a non-cognizable offence needs special authority to arrest by the police officer. In order to be a cognizable case under Section 2(c) of the Code, it would be enough if one or more (not ordinarily all) of the offences are cognizable. It may be observed from the First Schedule that non-cognizable offences are usually bailable while cognizable offences are generally non-bailable. Cognizable offences are generally more serious than non-cognizable offences.
Topics: Criminal Procedure Code, 1973
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