The classification of offences as cognizable or non-cognizable is the primary procedural classification under the BNSS. It determines whether police can act without judicial authorization or must obtain Magistrate's permission before proceeding.
Legal Framework
| Provision | Subject |
|---|---|
| S.2(1)(d) BNSS (formerly S.2(c) CrPC) | Definition: cognizable offence |
| S.2(1)(n) BNSS (formerly S.2(l) CrPC) | Definition: non-cognizable offence |
| S.173 BNSS (formerly S.154 CrPC) | Information in cognizable cases (FIR) |
| S.175 BNSS (formerly S.155 CrPC) | Information in non-cognizable cases (NCR) |
| S.176 BNSS (formerly S.157 CrPC) | Procedure for investigation in cognizable cases |
| First Schedule | Classification of offences (cognizable/non-cognizable, bailable/non-bailable) |
Why: This classification balances two competing interests: (1) the State's duty to prevent and detect crime promptly, and (2) the citizen's right against arbitrary police action. Serious offences require immediate police response; minor offences require judicial oversight before police intervention.
Cognizable Offences
A cognizable offence (S.2(1)(d) BNSS) is one for which a police officer may arrest without warrant in accordance with the First Schedule or any other law.
Consequences of cognizable classification:
| Power | Provision |
|---|---|
| FIR registration | Mandatory under S.173 BNSS |
| Arrest without warrant | S.35 BNSS (formerly S.41 CrPC) (subject to conditions) |
| Investigation without Magistrate's order | S.176 BNSS |
| Search without warrant | S.185 BNSS (in urgent cases) |
| Seizure of property | S.106 BNSS |
Procedure upon receiving information (S.173):
- Police officer records information in writing (or electronically)
- Information read over to the informant and signed
- Copy of FIR given to informant free of cost
- Zero FIR: registration at any police station irrespective of jurisdiction
- Information of registered FIR forwarded to Magistrate forthwith
Non-Cognizable Offences
A non-cognizable offence (S.2(1)(n) BNSS) is one for which a police officer has no authority to arrest without warrant.
Consequences of non-cognizable classification:
| Restriction | Provision |
|---|---|
| No FIR | S.175(1) BNSS: only NCR (Non-Cognizable Report) registered |
| No investigation without permission | S.175(2) BNSS: Magistrate's order required |
| No arrest without warrant | Warrant from Magistrate needed |
| Complainant directed to Magistrate | S.175(1) BNSS |
Procedure upon receiving information (S.175):
- Police officer records substance in a prescribed book (NCR)
- Refers the complainant to the Magistrate
- No investigation without Magistrate's written order under S.175(2) BNSS
- If Magistrate orders investigation, police proceeds as in cognizable case
Determination of Classification
The First Schedule to the BNSS classifies every offence under the Bharatiya Nyaya Sanhita (BNS) and other laws as:
- Cognizable or non-cognizable
- Bailable or non-bailable
- Triable by which court
- Compoundable or non-compoundable
Why: Classification by schedule (not by judicial discretion) ensures uniformity. Police in every station apply the same rules regardless of the gravity assessment of individual officers.
Illustrations
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Midnight car theft (cognizable): At midnight, Ankit's car is stolen from outside his house. He calls the police. Because theft is cognizable, the constable immediately records his FIR under S.173 BNSS and begins looking for the car. No need to wait for a Magistrate's order at midnight. The system prioritises immediate response for serious crimes.
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Loud music complaint (non-cognizable): Ankit's neighbour plays loud music at a party (public nuisance under a local act, non-cognizable). Ankit calls the police, but they say "Sir, we cannot act on this directly. Please file a complaint with the Magistrate tomorrow." Under S.175 BNSS, police record an NCR and refer Ankit to the Magistrate. The system requires judicial oversight before police intervene in minor matters.
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Contrast: Same person (Ankit), same police station, same night. The difference is entirely in the First Schedule classification. Stolen car = immediate police action justified. Loud music = go through a Magistrate first. The classification, not police discretion, determines the procedural pathway.
Recall Check
- What is the police officer's duty upon receiving information of a cognizable offence?
- Under which section must a Magistrate's order be obtained for investigating non-cognizable offences?
- What is the significance of the First Schedule in determining cognizability?
Key Cases
Lalita Kumari v. State of UP (2014) Lalita-Kumari-v-State-of-UP-2014 Issue: Whether registration of FIR is mandatory upon receiving information of a cognizable offence. Rule: S.154 CrPC (now S.173 BNSS) uses the word "shall"; FIR registration is mandatory, not discretionary. Held: If information discloses commission of a cognizable offence, FIR must be registered. Preliminary inquiry (7 days maximum) is permissible only where information does not clearly disclose a cognizable offence.
State of Haryana v. Bhajan Lal (1992) State-of-Haryana-v-Bhajan-Lal-1992 Issue: When can FIR/investigation in a cognizable case be quashed? Rule: High Court under S.482 CrPC (now S.528 BNSS) can quash FIR where allegations do not prima facie constitute any offence. Held: Seven categories enumerated where FIR/proceedings can be quashed, including where allegations are absurd and improbable, or the offence alleged is non-cognizable.
Distinctions
| Parameter | Cognizable Offence | Non-Cognizable Offence |
|---|---|---|
| Police power to arrest | Without warrant (S.35 BNSS) | Only with warrant |
| Information registered as | FIR (S.173 BNSS) | NCR (S.175 BNSS) |
| Investigation | Suo motu | Only with Magistrate's order |
| Severity (general) | Serious (murder, robbery, etc.) | Minor (defamation, assault, etc.) |
| Complainant's remedy | FIR triggers police machinery | Must approach Magistrate directly |
| Schedule entry | Marked "Cognizable" | Marked "Non-Cognizable" |
Flashcards
Q: What is a cognizable offence under S.2(1)(d) BNSS? A: An offence for which a police officer may arrest without warrant as per the First Schedule or any other law.
Q: What document is generated when police receive information of a non-cognizable offence? A: Non-Cognizable Report (NCR) under S.175(1) BNSS (formerly S.155 CrPC).
Q: Can police investigate a non-cognizable offence without permission? A: No. S.175(2) BNSS requires written order from Magistrate.
Q: What did Lalita Kumari hold about FIR registration? A: FIR registration is mandatory if information discloses a cognizable offence; preliminary inquiry (max 7 days) permitted only where cognizability is unclear.
Q: What is a Zero FIR? A: An FIR registered at any police station regardless of territorial jurisdiction under S.173(1) BNSS. It is later transferred to the appropriate station.
Q: What determines whether an offence is cognizable or non-cognizable? A: The First Schedule to the BNSS (and the relevant substantive law's schedule).
Exam Scenario
X files a complaint at the police station alleging that Y made defamatory statements against him on social media. The SHO refuses to register an FIR. X approaches the Superintendent of Police. Advise.
Defamation under S.356 BNS is a non-cognizable offence per the First Schedule. For non-cognizable offences, police are not obliged to register an FIR. Under S.175(1) BNSS (formerly S.155 CrPC), the police officer shall enter the substance of the information in a prescribed book (NCR) and refer the informant to the Magistrate. X's remedy is: (1) file a complaint directly before the Magistrate under S.210 BNSS, or (2) request the Magistrate to order police investigation under S.175(2) BNSS. The SP cannot override the statutory classification. The SHO's refusal is legally correct, but the SHO must record the NCR and inform X of the right to approach the Magistrate.