Cognizable offences are serious crimes. In such cases, the police can arrest a person without a warrant. Moreover, they can start an investigation without asking a court for permission. There are certain nuances to cognizable offences. Continue reading to learn more about examples of cognizable offences in India.
What is a Cognizable Offence?
This is a crime that the police can interrogate immediately. For this, they do not require a court order. For instance, if someone reports a murder, the police can start the investigation right away. These offences are identified as serious offences. These are recognized by law. Moreover, they include severe punishment.
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Examples of Cognizable Offences
The most common example of a cognizable offence is murder. This is the unlawful killing of a person. It is considered one of the serious crimes. Along with this, rape is considered a cognizable offence. This is identified as non-consensual sexual assault. Moreover, this crime is taken seriously by law. Kidnapping is also considered a cognizable offence. This is taking away someone by force. It is a serious violation of personal freedom.
Besides, dowry death is considered a cognizable offence. Here, the death of a woman caused by harassment for dowry is considered. This is prevalent in the country. Furthermore, theft is considered a cognizable offence. This involves stealing someone’s property. In case the item is valuable, it is considered a cognizable offence. Also, robbery is considered a cognizable offence. Here, threats or force are used to take a person’s property.
Misusing or misappropriation of property is also on the list. This is identified as a criminal breach of trust. It is counted as a cognizable offence. Moreover, waging war against the government counts as a cognizable offence. This includes planning or attempting to overthrow the government. Finally, unnatural offences are also recognized as cognizable offences. These are crimes related to unnatural sexual acts.
Classification of offences
Offences are classified according to their nature and seriousness. Under this, the most widely recognized category is cognizable and non-cognizable offences. The first includes serious crimes as mentioned above. The second includes less serious crimes. Here, the police cannot start their investigation unless there is a court order. Some examples of this include minor assaults or defamation.
Besides this, crimes are also classified as bailable and non-bailable offences. The first includes less serious crimes. Here, the accused can get bail easily. For instance, minor theft can receive bail easily. The second includes serious crimes. For this, the bail is not given easily. Murder and rape cases are considered as non-bailable cases.
Also, crimes are classified as compoundable and non-compoundable offences. The first includes cases that can be settled in court. Here, both parties can agree to resolve the issue. This includes minor fights or injuries during the fight. However, the second includes cases that cannot be settled in court. These are more serious offences. Murder and rape cases fall under this.
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Procedure for Handling Cognizable Offences
There are a few procedures for handling cognizable offences. The first step includes filing an FIR. Here, the victim or a witness reports the crime. Also, the police must write down the details in the FIR. This document is integral as it initiates the legal process.
The next step includes an investigation. Once the FIR is filed, the police can begin their investigation. They have to gather the evidence. Moreover, they must interview witnesses and can arrest suspects. After this, they may arrest the suspect if they have enough evidence. They can do so without a warrant. However, they must inform the suspect about their rights.
In cases of sexual offence, a medical examination must be conducted. This has to be conducted within 24 hours. The process is integral to collect medical evidence. After the investigation, the police must submit a chargesheet report. This is to be submitted to the court. The document carries all evidence and witness statements.
Post this, there will be a trial for the accused. The accused has to face the trial in court. Both sides must present their arguments. Moreover, witnesses must provide their testimonies. After the trial, the judge considers all the evidence and arguments. Finally, the judge provides the verdict.
Examples of Cognizable Offences in India
There are several integral cases when it comes to cognizable offences. Some of them are elucidated as follows.
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Lalita Kumari vs. State of U.P.
In this case, the Supreme Court made significant decisions. The court stated that police must register an FIR if the information indicates a cognizable offence. This is stated under Section 154 of the Criminal Procedure Code (CrPC). Here, the use of the word “shall” leaves no scope for police discretion. Officers cannot delay filing the FIR. Moreover, they should conduct a preliminary investigation before filing it.
The court pointed out that strict action should be taken against police officers who do not file the FIR. However, the Supreme Court also mentioned another important point. Registering the FIR does not allow the police to arrest a person without evidence. The police must carry valid evidence before the arrest.
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Sakiri Vasu vs. State of U.P and others
This judgement addressed the problem of police inaction. This was explained by the Supreme Court. If a person feels that the police are not investigating a cognizable offence or are refusing to file an FIR, they can take specific actions. Firstly, they can inform the Superintendent of Police (SP) under Section 154(3). This lets higher authorities be aware of the situation.
If the matter is still not handled, the victim can approach the magistrate. This is elucidated under Section 156(3). If the magistrate finds that the crime is a cognizable offence, they can ask the police to file an FIR. This judgement allows citizens to empower themselves with their rights.