The term cognizable offence refers to the crime in which the police has the right to arrest the accused without any warrant and can start an investigation. This is the class of offences in which the police has the power to make an arrest without a warrant. X - Sir I had just seen that three people have kidnapped a little girl. As against this, a warrant is must in the case of non-cognizable offence. Click the link Lost Document Report available in the home page. In such a condition, the officer who prepares the report is deemed as the complainant. Whereas, non-cognizable offence means in which a police officer has no authority to arrest without warrant.
The Court has held that F. Of course, in cases arising out of acute factions, there is a tendency to implicate persons belonging to the opposite faction falsely. The police cannot refuse to register the case on the ground that it is either not reliable or credible Smt. Hi A complaint should be written on plain paper double sides with the following details a Name , address, phone number, age of complainant. It is the job of the agency entrusted with the administration of the land i. One can also complain to: State Human Rights Commission, National Human Rights Commission, Supreme Court or to respective high court.
Click report link to register a complaint. Police can arrest an accused involved in cognizable crime without the warrant from the Court. In case of any exceptional cases, the district level officers can be approached. It is information given to the Police Officer. Nowadays, people tend to lean towards informal resolution of disputes, and this has somehow led to vitiate the whole complaint process. Information about cognizable offence would have to be recorded and forwarded to the police station having jurisdiction State of Andhra Pradesh vs. On the other hand, a complaint is a form of appeal made to the magistrate, concerning an offence and making a request for justice.
Further, the court then decides upon the charges. Note : In non cognizable cases police cannot directly arrest the accuse. It can be drafted and lodged by the aggrieved person also. In addition, the police may not start any kind of investigation acquiring prior authorization from the court. The same can be printed whenever required. Offence implies an illegal act or a crime. Non-Cognizable offenses are not much serious in nature.
They are generally offences of serious nature like murder, kidnapping, offences of waging or attempting to wage war, or abetting the waging of war against the government of India, rioting armed with deadly weapon etc. In order to report an offence, it is necessary to register the complaint with the appropriate authority, e. This was held in the case of Mohd. However, the limitation time is different for some offences. The essential pre-requisite of both Sec. Further you have not briefed any of your grievances, in absence of such details its very difficult to assist you further.
However, the Code also contains the Schedule I which refers to all the offences under the Indian Penal Code and puts them into cognizable and non-cognizable categories. Yes, it is possible to file a non-cognizable offence report with the police. Its for law to decide. Cognizable Offences are severe crimes which include murder, rape, rioting, theft, dowry death, kidnapping, criminal breach of trust and other heinous offences. Once an offence has been compounded it shall have the same effect, as if, the accused has been acquitted of the charges. Can it be used as the basis for future complaints? Only the State Excise Department is authorized to take any action including the cancellation of license of the licensed shops. On the contrary, non-cognizable offences include offences like forgery, cheating, assault, defamation and so forth.
Differences Concerning Cognizable and Non-Cognizable Offence There are several points that mark out the differences between cognizable and non-cognizable offence. But, in non-cognizable offences, the police cannot register the F. This rule of law has been upheld by Courts in many cases. Under Indian criminal law, lodging a false F. There is no need to take court permission. They are punishable with less than three years or with fine only. The term means that the claim or controversy is within the power or jurisdiction of a particular court to adjudicate.
In case of a confession by the accused, the Court must look into two tests, i. I have a serious threat to my life from my mother-in-law. When the allegations made in the F. Any person subject to certain exceptions. In this case injuries were inflicted on the deceased and death occurred after six days, deceased remained in the hospital for treatment, matter was not reported to Police by doctors. Cognizable offenses are usually offenses which are serious in nature.
If he finds that the complaint is with merits, the case is deemed committed for trial and the magistrate issues the process under Section 204. A cognizable case means a case in which a police officer may arrest without warrant, in accordance with the First Schedule of Cr. R depends on the circumstances of each case, nature of the crime, information, and opportunity of witnessing the offence. Offence Heinous Comparatively less heinous Includes Murder, rape, theft, kidnapping, etc. The reason for this is, because the nature of offence is so grave and criminal, that the Accused cannot be allowed to go scot-free. How to report a grievance relating to this facility? The aggrieved person, if able to draft a neat complaint venting out the grievances, can himself write it in his own handwriting too. But where police refuses to file the complaint for blatant reasons, without any substantial legal ground, it is contrary to law.