non-cognizable offence

A non-cognizable offence is one in which a police officer has no authority to arrest without a warrant. The First Schedule to the BNSS says which offences are cognizable; the less serious ones, such as simple hurt, defamation and public nuisance, are generally non-cognizable.

When information of such an offence is given, the officer records its substance in a register and refers the informant to the magistrate. He cannot investigate without the order of a magistrate having power to try the case. Where a case involves both kinds of offence, it is treated as cognizable. In common usage, the entry in the register is called an NCR.

Example

The complaint of simple insult was a non-cognizable offence, so the police recorded it in the register and referred the complainant to the magistrate.

In Indian law

• Section 174, BNSS, 2023 (old s.155 CrPC)

See also

cognizable offence · first information report · investigation

Read more in the study notes

• 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)
• Trial of warrant-cases and summons-cases by Magistrates, and summary trials (Bharatiya Nagarik Suraksha Sanhita)
• Preventive action of the police (Bharatiya Nagarik Suraksha Sanhita)
• Criminal miscellaneous petitions, criminal appeals and revisions (Drafting, Pleading and Conveyance)