cognizable offence

Defined in s.2(1)(g) BNSS (old s.2(c) CrPC). Whether an offence is cognizable is shown in the First Schedule to the BNSS, or in the special law. For a cognizable offence the officer in charge of a police station must record the information as an FIR (s.173 BNSS, old s.154) and may investigate without a Magistrate's order (s.175, old s.156).

For a non-cognizable offence, the police need a Magistrate's order to investigate and a warrant to arrest. Cognizable is not the same as non-bailable: some cognizable offences are bailable. The BNSS also allows a preliminary enquiry before registering an FIR for certain offences punishable with three to seven years.

Example

Since theft is a cognizable offence, the station house officer must register the FIR and may begin investigating without waiting for a Magistrate's order.

In Indian law

• Section 2(1)(g), Bharatiya Nagarik Suraksha Sanhita, 2023 (old s.2(c) CrPC)
• Sections 173 and 175, BNSS (old ss.154 and 156 CrPC) (FIR and police power to investigate)

See also

non-cognizable offence · first information report · arrest · bailable offence

Read more in the study notes

• Criminal procedure: meaning, background and salient features of the BNSS (Bharatiya Nagarik Suraksha Sanhita)
• Definitions, classification of offences, and the courts, prosecution and police under the BNSS (Bharatiya Nagarik Suraksha Sanhita)
• Initiation of a criminal case: FIR, Zero FIR, preliminary enquiry, investigation and complaint (Bharatiya Nagarik Suraksha Sanhita)
• Arrest: concept, procedure, safeguards, proclamation and handcuffing (Bharatiya Nagarik Suraksha Sanhita)
• Bail, anticipatory bail and bonds (Bharatiya Nagarik Suraksha Sanhita)
• Trial of warrant-cases and summons-cases by Magistrates, and summary trials (Bharatiya Nagarik Suraksha Sanhita)