Advocates Mumbai High Court

Cognizable and Non-Cognizable Offence Section 2(c) of Code define “Cognizable Offences and Cognizable Cases” as cognizable offence means offences for which and cognizable case means cases in which police officer may in accordance with first schedule of Criminal Procedure Code or under any other law for the time being in force arrest without warrant.Then Section 2(l) of Code defines Non-Cognizable Offences and Non-Cognizable Cases as non-cognizable offence means offences for which and non-cognizable case means cases in which police officer has no authority to arrest without warrant.So difference between cognizable and non-cognizable offences lies in the fact that in case of cognizable offence, a police officer can arrest without warrant whereas in Non-Cognizable offences police officer can not arrest any one without warrant.Column 4 of First Schedule attached to the Code of Criminal Procedure mentions which are cognizable offences and which are non-cognizable offences. In case of commission of cognizable offence, if matter is reported to police, then police will record the First Information Report under Section 154 of Code and shall proceed to investigate the matter and arrest the accused without any warrant or Order of Magistrate. But in case of Non-Cognizable offence, police can not investigate without Order of Magistrate. Section 155 of Code provides procedure to be adopted by police in case of non-cognizable offencesBailable and Non-Bailable Offences Section 2(a) of Code of Criminal Procedure defines `Bailable and Non-Bailable Offences’ Section 2(a) says “Bailable offence means an offence which is shown as bailable in the first schedule or which is made bailable by any other law for the time being in force and non-bailable offence means any other offence.Column 5 of first schedule in its first part mention which offence of Indian Penal Code is bailable and which is non-bailable. Second part of the first schedule of Code deals with offences, other than that of Indian Penal Code and provides that all those offences which are punishable with imprisonment for term of 7 years or more are non-bailable and all offences punishable with imprisonment for term of three years or more are also non-bailable but offence punishment of which is imprisonment for term less than three years are bailable.Chapter XXXIII of Code contains provisions regarding bail. Section 436 of Code provides as to bail in bailable offences Bail in bailable offences is a matter of right. Then Section 437 of Code provides as to granting of bail by Magistrate in non-bailable offences . It also provides that Magistrate shall not grant bail in offence punishable with death or imprisonment for life. However in case of person less than 16 years of age or woman or sick or infirm person, Magistrate may grant bail even in case of offences punishable with imprisonment for life or with death. Then Section 438 of Code provides for Anticipatory bail and Section 439 of Code then provides for bail by Session Court or High Court in non-bailable offences.

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