Cognizable offence is an offence for which a police officer may arrest without a warrant, in accordance with the First Schedule or any other law (Section 2(1)(g) of the Bharatiya Nagarik Suraksha Sanhita, 2023, BNSS; earlier Section 2(c) of the Code of Criminal Procedure, 1973, CrPC). In a cognizable case the police can register an FIR and investigate without waiting for a Magistrate's order.
Legal definition
Section 2(1)(g) BNSS: "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 classification of each offence is in the First Schedule to the BNSS. It states, section by section, whether an offence is cognizable or non-cognizable, bailable or non-bailable, and which court tries it. The opposite category is the non-cognizable offence, defined in Section 2(1)(o) BNSS.
Three provisions give a cognizable offence its practical force:
- Section 173(1) BNSS (earlier Section 154 CrPC): information about a cognizable offence may be given orally or electronically to an officer in charge of a police station, "irrespective of the area where the offence is committed," and must be recorded and entered in the register.
- Section 175(1) BNSS (earlier Section 156(1) CrPC): an officer in charge may investigate a cognizable case "without the order of a Magistrate."
- Section 35(1) BNSS (earlier Section 41 CrPC): the police may arrest without a warrant in the situations listed. For cognizable offences punishable with up to seven years, the officer must be satisfied that arrest is necessary for a listed reason and must record the reasons in writing; otherwise they issue a notice to appear (Section 35(3)).
How courts have interpreted this term
Lalita Kumari v. Government of Uttar Pradesh (Constitution Bench, 12 November 2013, 2013 INSC 748). Registration of an FIR is mandatory if the information discloses a cognizable offence, and no preliminary inquiry is permitted in that situation. A limited preliminary inquiry is allowed only where the information does not clearly disclose a cognizable offence, and its purpose is only to ascertain whether one is disclosed. The Court directed that action be taken against officers who do not register an FIR when a cognizable offence is disclosed.
State of Haryana v. Ch. Bhajan Lal (Supreme Court, 21 November 1990, 1990 INSC 363). The Court listed seven illustrative categories in which a High Court may quash an FIR or complaint, including where the allegations, taken at face value, disclose no offence, and where the allegations disclose only a non-cognizable offence, in which case police may not investigate without a Magistrate's order.
Ashwini Kumar Upadhyay v. Union of India (Supreme Court, 29 April 2026, 2026 INSC 432) and Sujal Vishwas Attavar v. State of Maharashtra (Supreme Court, 4 May 2026, 2026 INSC 442). The Court confirmed that the police duty to register an FIR for a cognizable offence is mandatory and that, on refusal, the statutory sequence is the Superintendent of Police (Section 173(4) BNSS) and then the Magistrate (Section 175(3) or Section 223 BNSS). It held that a High Court writ for an FIR filed without using that sequence is ordinarily premature, unless the urgency of the circumstances warrants otherwise. In Sujal Vishwas Attavar it quashed an FIR registered on a High Court direction for that reason.
Examples of cognizable offences
Classified as cognizable in the BNSS First Schedule (as verified against the Gazette text in our old-law-new-law pages):
| Offence | BNS section | Cognizable | Bailable |
|---|---|---|---|
| Voluntarily causing grievous hurt | 117(2) | Yes | Yes |
| Criminal trespass | 329(3) | Yes | Yes |
| Word, gesture or act intended to insult the modesty of a woman | 79 | Yes | Yes |
| Hurt by dangerous weapons or means | 118(1) | Yes | No |
| Assault or criminal force to deter a public servant from duty | 132 | Yes | No |
| Cheating and dishonestly inducing delivery of property | 318(4) | Yes | No |
| Grievous hurt for the purposes of extortion and similar | 119(2) | Yes | No |
In contrast, simple hurt (Section 115(2)), assault on ordinary provocation (Section 131), intimidation (Section 351), defamation (Section 356(2)), cheating (Section 318(2)) and mischief (Section 324(2)) are non-cognizable.
Punishment alone does not decide the category. Cheating under Section 318(2) BNS carries up to three years but is non-cognizable.
Why this matters
If an offence is cognizable, the police are legally obliged to register your FIR and begin investigating; you do not need a Magistrate's order or a private complaint. If it is non-cognizable, they record an NCR and send you to the Magistrate.
For cognizable offences punishable with three years or more but less than seven, the BNSS lets the officer in charge hold a preliminary enquiry for up to fourteen days, with the prior permission of an officer not below Deputy Superintendent of Police, before deciding whether to proceed (Section 173(3) BNSS).
If the police refuse to register an FIR for a cognizable offence, follow the statutory ladder: write to the Superintendent of Police, then apply to the Magistrate. See Police Won't Register Your FIR? Don't Go to the High Court First.
A common confusion is between "cognizable" and "non-bailable". They are separate classifications. Grievous hurt under Section 117(2) is cognizable but bailable; hurt by a dangerous weapon under Section 118(1) is cognizable and non-bailable. Some non-cognizable offences are listed as non-bailable too.
Related terms
Related procedures:
Opposite:
Broader concepts:
Frequently asked questions
Can police arrest without a warrant for a cognizable offence?
Yes, but not automatically. Section 35(1) BNSS lets police arrest without a warrant for a cognizable offence in the situations it lists, and for cognizable offences punishable with up to seven years the officer must be satisfied that arrest is necessary for one of the reasons given and record the reasons in writing. Where arrest is not required, the officer must issue a notice to appear (Section 35(3) BNSS).
What is the difference between cognizable and non-cognizable offences?
For a cognizable offence the police can register an FIR and investigate without a Magistrate's order (Sections 173 and 175(1) BNSS) and may arrest without a warrant in the cases Section 35 allows. For a non-cognizable offence they record an NCR and refer the informant to the Magistrate, cannot investigate without the Magistrate's order, and cannot arrest without a warrant or order (Sections 174 and 35(2) BNSS).
How do I know if an offence is cognizable?
Check the First Schedule to the BNSS, which classifies each offence section by section. Punishment alone does not decide it, since cheating under Section 318(2) BNS carries up to three years and is non-cognizable, while hurt by a dangerous weapon under Section 118(1) BNS is cognizable. If one case involves several offences and at least one is cognizable, the whole case is treated as cognizable (Section 174(4) BNSS).
What can I do if the police refuse to register an FIR for a cognizable offence?
Send the substance of the information in writing and by post to the Superintendent of Police (Section 173(4) BNSS), then apply to the Magistrate under Section 175(3) BNSS, supported by an affidavit, or file a complaint under Section 223 BNSS. The Supreme Court held in April and May 2026 (Ashwini Kumar Upadhyay; Sujal Vishwas Attavar) that this is the statutory route and that a High Court writ filed first is ordinarily premature, except in cases of urgency.
Is cognizable the same as non-bailable?
No. They are separate classifications. Some cognizable offences are bailable, such as grievous hurt under Section 117(2) BNS, and some are non-bailable, such as hurt by dangerous weapons under Section 118(1) BNS. The BNSS First Schedule also lists some non-cognizable offences as non-bailable.
This entry is part of the Veritect Indian Legal Glossary, a reference of Indian legal terminology grounded in statutory text and judicial interpretation.
Last updated: 2026-10-16. Veritect provides this content for informational purposes and does not constitute legal advice.