FIR can be lodged with the Police Station only in case of cognizable offences. What do you understand by non-cognizable offences ?

CS Professional · Drafting, Appearances and Pleadings · PYQS · June 2017
FIR can be lodged with the Police Station only in case of cognizable offences. What do you understand by non-cognizable offences ?

Answer & Explanation:

Section 154 of the Criminal Procedure Code, 1973 deals with cognizable offence. It provides that: Every information relating to the Commission of a cognizable offence, if given orally to an officer in-charge of a police station, it shall be reduced in writing by him or under his direction, and be read over to the informant, and every such information, whether given in writing, or reduced in writing as aforesaid, shall be signed by the person giving it, and the substance thereof shall be entered in a book to be kept by such officer in such form as the State Government may prescribe. A copy of the information so recorded shall be given forthwith, free of cost to the informant. A person aggrieved by refusal on the part of the Police Officer to record the said information, may send the substance of such information by post to the Superintendent of Police concerned. The provisions of Section 154 are mandatory and the concerned Police Officer is duty bound to register the case on receiving information disclosing cognizable offence. Non Cognizable Offence A non-cognizable case means, 'a case in which, a police officer has no authority to arrest without warrant.' These offences are not much of serious in nature. Example: Assault, Cheating, Forgery, Defamation. Section 155 of Cr. P. C. provides that in a non-cognizable offence or case, the police officer cannot receive or record the FIR unless he obtains prior permission from the Magistrate.

Topics: Criminal Procedure Code

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