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| Difference Between Cognizable and Non Cognizable Offence |
Difference Between Cognizable and Non Cognizable Offence
Difference Between Cognizable and Non Cognizable Offence has been discussed in this article;
| Cognizable Offence | Non Cognizable Offence |
|---|---|
| 1. The definition of cognizable offence is provided under section 2(1)(g) of BNSS. | 1. The definition of non cognizable offence is provided under section 2(l)(o) of BNSS. |
| 2. Cognizable offence is defined as "Cognizable offences are crimes for which the police authority can make an arrest of a person without a warrant." | 2. Non cognizable offence is defined as "Non cognizable offences are crimes for which the police authority can not arrest a person without a warrant or court's permission." |
| 3. Cognizable offences can be registered and investigated by police authorities without a warrant. | 3. Non cognizable offences require a warrant from the court to be registered and investigated by police authorities. |
| 4. The investigation procedure for cognizable offences is outlined under section 175 of BNSS. | 4. The investigation procedure for non cognizable offences is outlined under section 174 of BNSS. |
| 5. In cognizable offences, the police have the power to arrest a person without a warrant. | 5. In non cognizable offences, the police need permission/warrant of a court to arrest a person. |
| 6. The cognizable offences include; murder, rape and kidnapping. | 6. The non cognizable offences include; defamation, theft, and public nuisance. |
| 7. In cognizable offences, there is no provision for compromise between the parties involved. | 7. In non cognizable offences, there is a provision under section 359 of BNSS that the parties involved in the non cognizable offence can settle the matter through compromise. |
| 8. In cognizable offences, substantial police are involved in the investigation. | 8. In non cognizable offences, limited police are involved in the investigation. |
| 9. In cognizable offences, swift action can be taken by the police to prevent further harm. | 9. In non cognizable offence, the investigation can be delayed as court intervention is necessary. |
| 10. Cognizable offences are usually non bailable. | 10. Non cognizable offence can be either bailable or non bailable depending on the specific offence. |
| 11. In cognizable offences, the accused may be remanded into police custody for investigation purposes. | 11. In non cognizable offences, the accused is not remanded into police custody and custody matters are handled by the court. |
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