Cognizable offence is an offence for which a police officer may, in accordance with the First Schedule of the procedural code, arrest without a warrant and commence investigation without the prior permission of a Magistrate. Under Indian law, the term is defined in Section 2(c) of the Code of Criminal Procedure, 1973 (now Section 2(1)(g) of the Bharatiya Nagarik Suraksha Sanhita, 2023).
Legal definition
Section 2(c) of the Code of Criminal Procedure, 1973 provides:
"cognizable offence" means an offence for which, and "cognizable case" means a case in 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.
The First Schedule to the CrPC classifies all offences under the Indian Penal Code, 1860 (now Bharatiya Nyaya Sanhita, 2023) and other statutes into cognizable and non-cognizable categories. This classification determines two critical police powers: the power to arrest without a warrant, and the power to investigate without a Magistrate's order.
The counterpart is a "non-cognizable offence," defined under Section 2(l) CrPC, for which a police officer has no authority to arrest without a warrant and no power to investigate without the Magistrate's authorisation under Section 155 CrPC.
New law equivalent: Under the Bharatiya Nagarik Suraksha Sanhita, 2023, Section 2(1)(g) defines "cognizable offence" in substantially similar terms. The First Schedule to the BNSS classifies offences under the Bharatiya Nyaya Sanhita, 2023 (BNS) into cognizable and non-cognizable categories. The fundamental distinction between cognizable and non-cognizable offences remains unchanged under the new criminal law framework.
How courts have interpreted this term
Lalita Kumari v. Government of Uttar Pradesh [(2014) 2 SCC 1]
The Constitution Bench of the Supreme Court directly addressed the legal consequences of the cognizable/non-cognizable distinction. The Court held that when information is received about the commission of a cognizable offence, the registration of an FIR under Section 154 CrPC is mandatory, and no preliminary inquiry is permissible before registration. The Court established that the statutory obligation is triggered by the nature of the offence as cognizable — once the information discloses a cognizable offence, the police officer has no discretion to refuse registration. This judgment remains the most authoritative pronouncement on the procedural consequences of the cognizable offence classification.
State of Haryana v. Bhajan Lal [(1992) Supp (1) SCC 335]
The Supreme Court laid down guidelines for when criminal proceedings arising from a cognizable offence may be quashed by the High Court under Section 482 CrPC (now Section 528 BNSS). The Court identified seven categories for quashing, including where the allegations in the FIR do not make out a cognizable offence, or where the allegations are so absurd that no reasonable person would conclude a cognizable offence has been committed. This judgment established the judicial check on the police power that flows from the cognizable offence classification.
Sakiri Vasu v. State of Uttar Pradesh [(2008) 2 SCC 409]
The Supreme Court addressed the remedy available when police refuse to register an FIR for a cognizable offence. The Court held that the aggrieved person may approach the Superintendent of Police or the Magistrate under Section 156(3) CrPC (now Section 175(3) BNSS), who can direct the police to register the FIR and investigate. This decision reinforced that the mandatory duty to register an FIR for a cognizable offence cannot be avoided, and judicial remedies exist to compel registration.
Types of cognizable offences
Cognizable offences span a wide spectrum of severity, broadly categorised as:
- Cognizable and bailable: Less serious cognizable offences where the accused has a right to bail (e.g., theft under Section 379 IPC / Section 303 BNS, assault under Section 352 IPC / Section 131 BNS).
- Cognizable and non-bailable: Serious offences where bail is at the court's discretion (e.g., murder under Section 302 IPC / Section 103 BNS, robbery under Section 392 IPC / Section 309 BNS, rape under Section 376 IPC / Section 63 BNS).
The classification of an offence as cognizable or non-cognizable is determined by the First Schedule to the CrPC/BNSS, not by the severity of punishment alone. However, as a general rule, offences punishable with imprisonment of three years or more are typically classified as cognizable.
Why this matters
The cognizable/non-cognizable distinction is the foundational classification in Indian criminal procedure. It determines the entire trajectory of a criminal case from the moment of its inception — whether the police can arrest without a warrant, whether they must register an FIR, and whether they can investigate without judicial authorisation.
For ordinary citizens, the practical significance is immediate and direct. If you are a victim of a cognizable offence, the police are legally obligated to register your FIR and commence investigation. You do not need to obtain a Magistrate's order or file a private complaint. Conversely, if the offence is non-cognizable, the police cannot act on your complaint without the Magistrate's permission, and you must typically pursue remedies through a private complaint under Section 200 CrPC (Section 223 BNSS).
A common source of confusion is the overlap between "cognizable" and "non-bailable." These are distinct classifications. An offence may be cognizable but bailable (such as simple theft), meaning the police can arrest without a warrant, but the accused has a right to bail. Conversely, there is no category of offences that is non-cognizable and non-bailable — all non-cognizable offences are bailable. Understanding this distinction is essential for anyone navigating the Indian criminal justice system.
Related terms
Related procedures:
Opposite:
Broader concepts:
Frequently asked questions
What are some examples of cognizable offences?
Common cognizable offences include murder (Section 302 IPC / Section 103 BNS), robbery (Section 392 IPC / Section 309 BNS), kidnapping (Section 363 IPC / Section 137 BNS), rape (Section 376 IPC / Section 63 BNS), dowry death (Section 304B IPC / Section 80 BNS), and theft (Section 379 IPC / Section 303 BNS). The First Schedule to the CrPC/BNSS contains the complete classification.
Can police arrest without a warrant for a cognizable offence?
Yes. The defining characteristic of a cognizable offence is that the police may arrest the accused without a warrant and may investigate the offence without obtaining a Magistrate's order. However, the Supreme Court has emphasised that the power to arrest must be exercised with restraint and is not automatic — the police should consider whether arrest is necessary in the circumstances.
What is the difference between cognizable and non-cognizable offences?
In a cognizable offence, the police can arrest without a warrant and investigate without a Magistrate's order. In a non-cognizable offence, the police cannot arrest without a warrant and cannot investigate without the Magistrate's permission under Section 155 CrPC (Section 174 BNSS). For cognizable offences, FIR registration is mandatory; for non-cognizable offences, the police record a Non-Cognizable Report (NCR).
How do I know if an offence is cognizable?
The First Schedule to the CrPC (or BNSS) classifies every offence as cognizable or non-cognizable. As a general indicator, offences punishable with three years or more of imprisonment are typically cognizable. However, the classification depends on the specific statutory provision, not the punishment alone. A lawyer can advise on the classification of a specific offence.
What can I do if the police refuse to register an FIR for a cognizable offence?
You may send a written complaint to the Superintendent of Police under Section 154(3) CrPC (Section 173(4) BNSS), approach the Magistrate under Section 156(3) CrPC (Section 175(3) BNSS) to direct FIR registration, or file a writ petition before the High Court. The Lalita Kumari judgment (2014) makes clear that refusal to register an FIR for a cognizable offence is a dereliction of duty.
This entry is part of the Veritect Indian Legal Glossary, a comprehensive reference of Indian legal terminology grounded in statutory text and judicial interpretation.
Last updated: 2026-03-27. Veritect provides this content for informational purposes and does not constitute legal advice.