Definition
Offence for which police can arrest without warrant.
Serious offence in which police can arrest without warrant and investigate without magistrate's order.
Statutory Definition
BNSS 2023, Section 2(h) (formerly CrPC 1973, Section 2(c)).
Etymology & Origin
From Latin 'cognoscere' (to know, investigate — from 'co', together, and 'gnoscere', to know) — the same root as 'cognisance.' A 'cognizable offence' is one that a police officer can 'take cognisance of' — investigate and arrest for — on their own authority, without requiring judicial authorisation first.
Full Legal Analysis
A cognizable offence is an offence for which a police officer is empowered to arrest a person without a warrant from a Magistrate, and to investigate the offence without needing a Magistrate's order directing an investigation. Section 2(h) of the Bharatiya Nagarik Suraksha Sanhita, 2023 defines 'cognizable offence' as an offence for which a police officer may, in accordance with the First Schedule or under any other law for the time being in force, arrest without warrant. All offences listed in Column 2 of the First Schedule to the BNSS as 'cognizable' fall in this category.
In a cognizable case, the procedure is: (1) the First Information Report (FIR) is lodged under Section 173 BNSS (old Section 154 CrPC) — the FIR is mandatory and must be registered immediately; (2) the police officer may arrest the accused under Section 35 BNSS without a warrant if the arrest conditions are satisfied; (3) the police investigate the case on their own authority; and (4) upon completion of investigation, the police file a Final Report (chargesheet if the accused is found guilty, or closure report if not) before the Magistrate. The Magistrate then takes cognisance of the offence and the trial commences.
The registration of FIR in cognizable cases has been the subject of extensive Supreme Court jurisprudence. In Lalita Kumari v. Government of Uttar Pradesh (2014), the Supreme Court (Constitution Bench) held that registration of FIR upon receipt of information about a cognizable offence is mandatory — the police cannot conduct a preliminary enquiry before registration unless the information lacks the ingredients of a cognizable offence. This ruling aimed to prevent the long-standing practice of police refusing to register FIRs (especially where the complainant was poor or politically weak) or registering only after undue delay.
The Supreme Court (Constitution Bench) held that the registration of FIR in cognizable cases under Section 154 CrPC (now Section 173 BNSS) is mandatory upon receipt of information disclosing the commission of a cognizable offence. The police cannot refuse to register an FIR or conduct a preliminary inquiry before registering it (with a limited exception for matrimonial, commercial, or property disputes where preliminary inquiry may help determine if a cognizable offence is disclosed). Where the police refuse to register, the aggrieved person can approach the Superintendent of Police or directly approach the Magistrate under Section 156(3) CrPC (now equivalent BNSS provision) for a direction to investigate.
The distinction between cognizable and non-cognizable offences determines the power of the police in the initial stages of a case. For cognizable offences, the police have independent power to investigate — they do not need judicial permission. For non-cognizable offences, the police must obtain a Magistrate's order (Section 155 BNSS) before they can investigate. This allocation of police and judicial power is designed to ensure that for minor offences, judicial oversight is required before the State's investigative machinery is deployed against a citizen.
For advocates in criminal matters, the cognizable/non-cognizable classification has immediate procedural significance: (1) in a cognizable case, the police can arrest immediately upon reasonable suspicion (subject to the limitations in Section 35 BNSS); in a non-cognizable case, they cannot arrest without a warrant; (2) the FIR is mandatory in cognizable cases and can be challenged for non-registration (Lalita Kumari); (3) in non-cognizable cases, a private complaint before the Magistrate (rather than an FIR at the police station) is the appropriate starting point.
This Term in Indian Statutes
Bharatiya Nagarik Suraksha Sanhita, 2023, 2023
"Every information relating to the commission of a cognizable offence, irrespective of the area where the offence is committed, may be given orally or in writing to an officer in charge of a police station."
FIR mandatory in cognizable offences — Lalita Kumari held registration is non-discretionary; police can arrest without warrant; investigation without Magistrate order; Zero FIR concept codified in BNSS
