"UNDERSTANDING NON-COGNIZABLE OFFENCES UNDER THE NEW CRIMINAL LAWS"

By: -        Natasha Rocha is a 4th year BBA LLB Law student, studying at  ISBR Law College affiliated to Karnataka State Law University.

When we talk about crime in India, most people immediately think of police barging in, making arrests, and starting investigations on their own. But not all offences allow that level of immediate police action.

Some are classified as non-cognizable offences, where the law demands that the police take a backseat—at least initially—and the judiciary takes the first step.

With the Bharatiya Nyaya Sanhita, 2023 (BNS) replacing the Indian Penal Code in 2024, the principles around non-cognizable offences remain largely the same, but the classification and section numbers have been updated. Let’s unpack this concept in detail.

What is a Non-Cognizable Offence?

Under Section 2(1)(n) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) (which replaces the CrPC), a non-cognizable offence is one in which:

• A police officer cannot investigate or arrest without prior permission from a Magistrate.

• The initiative must come from the court before the police can act.

This is the opposite of a cognizable offence (like murder, rape, or robbery) where police can register an FIR and act immediately.

Characteristics of Non-Cognizable Offences

1. No immediate arrest or investigation by police without court’s direction.

2. Less serious nature compared to cognizable offences.

3. Punishment is lighter — often fine or imprisonment less than three years.

4. Complaint-driven — the aggrieved person must approach a Magistrate directly.

5. Example: Defamation, public nuisance, minor hurt, etc.

3. Legal Provision in the New Criminal Laws

In the old CrPC, Section 155 dealt with non-cognizable cases.
Now, under the BNSS, Section 176 performs this role:

• If information about a non-cognizable offence is given to a police officer, they must enter it in the General Diary and refer the informant to the Magistrate.

• Police can only investigate after the Magistrate’s order.

Examples of Non-Cognizable Offences in the BNS (2023)

1.    Defamation: Section 354 BNS, Punishment would be Imprisonment up to 2 years or fine or both.

2.    Public nuisance causing injury: Sec. 356, Punishment would be Fine only.

3.    Simple hurt: Sec. 115(2), Punishment would be Imprisonment up to 1 year or fine.

4.    Criminal intimidation (minor threats): Sec. 351(2), Punishment would be Imprisonment up to 2 years.

5.    Mischief causing minor damage: Sec. 324(2), Fine or up to 3 months.

These offences are generally considered less severe; hence the law prevents the police from acting unilaterally.

Why This Classification Exists

The idea behind non-cognizable classification is to balance individual liberty with law enforcement powers.

• Immediate police action in petty disputes might lead to misuse and harassment.

• The Magistrate acts as a neutral filter to decide if the matter deserves police investigation.

Procedure for Non-Cognizable Offences under BNSS

Here’s how things work after the 2024 reforms:

Step 1: Complaint lodged with police → entered into General Diary (Section 173 BNSS).
Step 2: Police direct the complainant to approach Magistrate.
Step 3: Magistrate examines complaint under Sections 223–225 BNSS (replacing old 200–202 CrPC).
Step 4: If Magistrate finds merit, they issue an order under Section 176 BNSS for police to investigate.
Step 5: Police submit a report to the court; trial proceeds as per Summons Case procedure.

A.   Old Law – CrPC, 1973

Key provision: Section 155, CrPC

Procedure:

1.    Complaint to police: When a complaint of a non-cognizable offence was made, the police officer could not register an FIR.

2.    Entering the complaint: The officer had to record the information in the station diary and refer the complainant to the Magistrate.

3.    Permission to investigate: Only after Magistrate’s order under Section 155(2) could the police investigate.

4.    Power to arrest: No arrest could be made without a warrant from the Magistrate.

5.    Charge-sheet filing: After investigation, the police submitted a final report/charge-sheet to the Magistrate for trial.

Example under CrPC: If someone complained of defamation, the police would note the complaint, guide the complainant to the Magistrate, and only start investigating after the Magistrate’s written permission.

B.   New Law – BNSS, 2023

Key provision: Section 173, BNSS

Procedure:

1.    Complaint to police: The police still cannot register an FIR directly for a non-cognizable offence.

2.    Recording in police records: The information must be entered into a designated register or electronic record.

3.    Informing the complainant: The complainant is formally advised to approach the Magistrate for an order.

4.    Permission to investigate: Police can investigate only after obtaining prior approval from the Magistrate, just like in CrPC.

5.    Digital communication allowed: The request for permission and Magistrate’s order can now be processed electronically — making the process faster.

6.    Post-investigation: The report is submitted to the Magistrate; no arrest without warrant remains the rule.

Punishment & Trial Process

• Non-cognizable offences are mostly bailable.

• Tried by a Judicial Magistrate First Class or Second Class, depending on severity.

• Usually fall under summons cases — quicker trial procedure.

Impact of New Criminal Laws

The Bharatiya Nyaya Sanhita (BNS) has:

• Retained the distinction between cognizable and non-cognizable offences.

• Reclassified some offences (e.g., cyber frauds, stalking variants) into cognizable category due to changing crime trends.

• Introduced digital records & e-FIR provisions for even non-cognizable offences in specific cases.

# Landmark Judicial Take on Non-Cognizable Offences

1. State of Haryana v. Bhajan Lal (1992 Supp (1) SCC 335)

-        Although primarily a case on quashing FIRs, the Supreme Court reiterated that in NC offences, police must obtain permission from Magistrate before investigation.

-        Investigations without such permission are illegal and proceedings can be quashed.

2. Lalita Kumari v. Govt. of U.P. (2014) 2 SCC 1

-        This case primarily dealt with registration of FIR in cognizable cases.

-        It indirectly highlighted that in NC cases, FIR cannot be registered instead, NCR entry is made and Magistrate’s sanction is mandatory.

(c) Ramdev Food Products Pvt. Ltd. v. State of Gujarat (2015) 6 SCC 439

- The Supreme Court held that police cannot investigate a NC offence without Magistrate’s permission, even if it arises out of the same transaction as a cognizable offence.

Post-2024, this principle stands reinforced under BNSS Section 176(3) — making any evidence collected without Magistrate’s permission potentially inadmissible.

Conclusion

In the new criminal justice system, non-cognizable offences remain a crucial safeguard against unnecessary police interference in less serious matters.
They:

• Protect personal liberty

• Ensure judicial oversight

• Allow proportionate legal response

As laws evolve, especially with the BNS and BNSS in place, understanding whether an offence is cognizable or not will remain a foundational skill for law students, advocates, and citizens alike.

Non-cognizable = Minor offence + Magistrate’s permission needed for police action.
Objective = Safeguard liberty + judicial oversight in less serious matters.

If you ever face a non-cognizable allegation, consult a lawyer immediately. The process might seem slow, but it is designed to balance public order with personal liberty.

Pro Tip for Law Students: Always check the First Schedule of BNSS, 2023 — it lists each offence under BNS and clearly mentions whether it’s cognizable or non-cognizable. This is an easy scoring area in exams.

 Date: 10th August 2025