In India, offences are classified into two categories; cognizable and non-cognizable offences. A cognizable offence is an offence in which the police have the power to arrest without a warrant. A non-cognizable offence is an offence in which the police have no power to arrest without a warrant.
The process of investigating both cognizable and non-cognizable offences is different, and in this article, we will discuss the process of investigation of cognizable and non-cognizable offences.
Investigation of Cognizable Offences:
The investigation process of cognizable offences can be divided into three stages:
Stage 1 – Registration of FIR (First Information Report):
The first stage of investigating a cognizable offence is to register an FIR. As per Section 154 of CrPC, a police officer can register an FIR if he has received information about the commission of a cognizable offence. If the information given to the police officer discloses the commission of a cognizable offence, then the officer has to register the FIR immediately.
The FIR is a written document which is a record of the information received by the police. The information has to be recorded in writing, and a copy of the FIR has to be given to the complainant. If the complainant is illiterate, then the police officer has to read the FIR to the complainant and get it signed by the complainant.
The FIR should contain the following details:
• The date, time and location of the offence
• The brief description of the offence
• The identity of the offender, if known
• The identity of the complainant
• Other relevant details
Stage 2 – Investigation of the Offence:
The second stage of investigating a cognizable offence is to investigate the offence. The police officer has to make a preliminary investigation to ascertain the facts and circumstances of the case. The investigation involves collecting evidence, recording statements of witnesses, examining the crime scene, and making necessary arrangements to prevent the accused from absconding.
The police officer can also arrest the accused without a warrant in cognizable offences. The accused has to be produced before the magistrate within 24 hours of the arrest. If the offence is bailable, then the accused can be released on bail, and if the offence is non-bailable, then the accused has to be remanded to judicial custody.
The police officer can also search the premises of the accused if he has reason to believe that the accused has kept any incriminating evidence in his premises. However, the police officer cannot search the premises of the accused without a search warrant, unless there are exceptional circumstances.
Stage 3 – Submission of Charge-sheet:
The third stage of investigating a cognizable offence is to submit charge-sheet. After completing the investigation, the police officer has to submit a charge-sheet to the magistrate under Section 173 of CrPC. The charge-sheet contains the details of the investigation, the evidence collected, the statements of witnesses, and other relevant details.
The magistrate will then take cognizance of the offence and will proceed with the trial. During the trial, the prosecution will produce evidence to prove the guilt of the accused. The accused will have an opportunity to defend himself and to produce evidence in his favour.
Investigation of Non-Cognizable Offences:
The investigation process of non-cognizable offences can be divided into three stages:
Stage 1 – Registration of Complaint:
The first stage of investigating a non-cognizable offence is to register a complaint. As per Section 155 of CrPC, a police officer cannot investigate a non-cognizable offence without the permission of the magistrate. Therefore, the complainant has to approach the magistrate and file a complaint.
The complaint should be in writing, and it should contain the following details:
• The date, time and location of the offence
• The brief description of the offence
• The identity of the offender, if known
• The identity of the complainant
• Other relevant details
The magistrate will then issue a direction under Section 156(3) of CrPC to the police officer to investigate the non-cognizable offence.
Stage 2 – Investigation of the Offence:
The second stage of investigating a non-cognizable offence is to investigate the offence. After the magistrate issues the direction under Section 156(3) of CrPC, the police officer has to make a preliminary investigation to ascertain the facts and circumstances of the case.
The investigation involves collecting evidence, recording statements of witnesses, examining the crime scene, and making necessary arrangements to prevent the accused from absconding.
The police officer cannot arrest the accused without a warrant in non-cognizable offences. The accused has to be summoned to appear before the police officer for questioning.
The police officer can also search the premises of the accused if he has reason to believe that the accused has kept any incriminating evidence in his premises. However, the police officer cannot search the premises of the accused without a search warrant, unless there are exceptional circumstances.
Stage 3 – Filing of Report:
The third stage of investigating a non-cognizable offence is to file a report. After completing the investigation, the police officer has to file a report to the magistrate under Section 157 of CrPC.
The report should contain the details of the investigation, the evidence collected, the statements of witnesses, and other relevant details. The magistrate will then decide whether to take cognizance of the offence or not.
If the magistrate decides to take cognizance of the offence, then he will follow the process of a cognizable offence, and if he decides not to take cognizance of the offence, then the case will be closed.
Conclusion:
In conclusion, the process of investigating cognizable and non-cognizable offences is different. In cognizable offences, the police officer can register an FIR, investigate the offence, and submit a charge-sheet to the magistrate. In non-cognizable offences, the complainant has to approach the magistrate, and the police officer can investigate the offence only after getting the permission of the magistrate. After completing the investigation of a non-cognizable offence, the police officer has to file a report to the magistrate, and the magistrate will then decide whether to take cognizance of the offence or not.
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