A Cognisable offence is an offence which permits the Police to arrest without a warrant. These offences are more serious. On the other hand, non-cognisable offences, on the other hand, are those offences which the Police is not permitted to arrest, without a warrant.

Difference between Cognisable and Non-Cognisable offences

Cognisable and Non-Cognisable offences are defined in the Criminal Procedure Code as follows;

Cognisable Offence

1. In a Cognisable offence, the police officer may, under the First Schedule or any other law in force, arrest without a warrant.
2. The nature of Cognisable offences is serious. Example: Rape, Murder, Kidnapping, Theft, Dowry Death, Criminal Breach of Trust and Unnatural Offences.
3. Section 154 of CrPC states that under a Cognisable offence or case, the Police has to receive a First Information Report (FIR) that is related to the cognisable offence, which can be obtained without the permission of the Magistrate and enter it in the General Diary to begin the investigation immediately.
4. If a Cognisable offence has taken place, the Police can investigate without the Magistrate’s permission.

Non-Cognisable Offence

1.  A non-cognisable case or A non-cognisable offence has been defined in the Criminal Procedure Code as an offence in which the Police are not authorised to arrest without a warrant.
2. Non-cognisable offences are considered less serious. Example- Cheating, Forgery, Defamation, Assault, etc.
3. Section 155 of CrPC states that if a police officer receives information regarding the commission of a non-cognisable offence, he should enter the substance of the case in the station diary and refer it to the informant to contact the concerned Magistrate.
4. Under a Non-Cognisable offence or case, the police officer needs to obtain the Magistrate’s permission to begin the investigation.

How can a lawyer help you in your criminal case?

An advocate has considerable experience in dealing with criminal cases and can guide you through the court procedures and can help you create a solid defence for the case. He can help to prepare you for cross-examinations and guide you on how to answer prosecution’s questions. A criminal lawyer has expertise in handling criminal cases and knows how to tackle a particular case due to his years of rich experience. With the presence of an excellent criminal lawyer by your side, one can be sure of a successful result in the case in the minimum time possible.

What happens if a criminal charge is not dismissed?

Being charged with a crime, whether minor or major, is a serious matter. A person who faces criminal charges risks severe penalties and consequences, such as a criminal record, jail time, and loss of future work prospects and relationships. While some legal matters can be handled alone, a criminal arrest of any kind warrants the legal advice of a qualified criminal defence lawyer who can protect the individual’s rights and secure the best possible outcome for their case. Therefore, it is essential to have an excellent criminal lawyer by one’s side when charged with a crime. The lawyer can guide you with the criminal case and can help get the charges dismissed.