Difference Between Cognizable and Non-Cognizable Offence
What is the main difference between cognizable and non-cognizable offenses?
Cognizable offenses are more serious crimes where the police can make an arrest without a warrant, while non-cognizable offenses are less severe and require a warrant for arrest.
What types of crimes are typically classified as cognizable offenses?
Offenses such as murder, kidnapping, rape, and other grave crimes fall under the category of cognizable offenses due to their serious nature.
Can someone be arrested without a warrant for a non-cognizable offense?
No, for non-cognizable offenses, the police must obtain a warrant from the court before making an arrest.
How does the severity of punishment differ between cognizable and non-cognizable offenses?
Cognizable offenses usually carry punishments exceeding three years, which may include life imprisonment or even the death penalty. On the other hand, punishments for non-cognizable offenses are typically less severe, often involving sentences of fewer than three years.
Where can an accused individual seek bail for cognizable and non-cognizable offenses?
For cognizable offenses, bail must be sought from the court as it’s typically not granted at the police station. However, for non-cognizable offenses, bail can often be sought directly from the police station, subject to their discretion.
Also refer to: Difference between Bailable and Non-Bailable Offence
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Difference between Cognizable and Non-Cognizable Offence
Cognizable offenses and Non-Cognizable offenses are two different kinds of offenses. A cognizable offense is one where the police can arrest without a warrant, while a non-cognizable offense requires a warrant for arrest. In our country, laws are mainly defined in two parts; i.e. Substantive Law and Procedural Law. The Code of Criminal Procedure, 1973 is the procedural law of our country. This law defines how people can approach the court to get justice, it also clarifies between different types of offenses, the process of arresting a person, and how to get bail from the court.
Table of Content
- What is Cognizable Offence?
- What is a Non-Cognizable Offence?
- Difference Between Cognizable and Non-Cognizable Offence
- Conclusion
- Difference Between Cognizable and Non-Cognizable Offence- FAQs