Non-cognizable offence is an offence for which a police officer has no authority to arrest without a warrant and cannot investigate without the prior order of a Magistrate. Under Indian law, non-cognizable offences are defined in Section 2(l) of the Code of Criminal Procedure, 1973 (now Section 2(1)(n) of the Bharatiya Nagarik Suraksha Sanhita, 2023).
Legal definition
The Code of Criminal Procedure, 1973 provides a statutory definition of non-cognizable offence:
Section 2(l): "Non-cognizable offence" means an offence for which, and "non-cognizable case" means a case in which, a police officer has no authority to arrest without warrant.
The classification of an offence as cognizable or non-cognizable is determined by the First Schedule to the CrPC (now Fourth Schedule to the BNSS), which categorises every offence under the Indian Penal Code, 1860 and other statutes. The First Schedule operates as a lookup table: against each offence, it specifies whether the offence is cognizable or non-cognizable, bailable or non-bailable, and the court competent to try it.
The key procedural consequence flows from Section 155 CrPC (Section 173 BNSS):
Section 155(1): When information is given to an officer in charge of a police station of the commission of a non-cognizable offence, he shall enter or cause to be entered the substance of the information in a book to be kept by such officer in such form as the State Government may prescribe in this behalf, and refer the informant to the Magistrate.
Section 155(2): No police officer shall investigate a non-cognizable case without the order of a Magistrate having power to try such case or commit the case for trial.
New law equivalent: Under the Bharatiya Nagarik Suraksha Sanhita, 2023, Section 2(1)(n) defines "non-cognizable offence" in identical terms. The procedural restrictions are contained in Section 173 BNSS, which corresponds to the former Section 155 CrPC.
How courts have interpreted this term
Lalita Kumari v. Government of Uttar Pradesh [(2014) 2 SCC 1]
A Constitution Bench of the Supreme Court, while primarily addressing the mandatory registration of FIRs in cognizable offences, drew a clear distinction between cognizable and non-cognizable offences. The Court held that Section 154 CrPC mandates automatic registration of an FIR when information discloses a cognizable offence, but where the information relates to a non-cognizable offence, the police officer must enter the information in the NC register under Section 155 and refer the complainant to the Magistrate. This judgment clarified that the police have no discretion to treat a cognizable offence as non-cognizable or vice versa.
State of Haryana v. Bhajan Lal [1992 Supp (1) SCC 335]
The Supreme Court set out the circumstances in which a Magistrate may order investigation into a non-cognizable offence under Section 155(2) CrPC. The Court noted that the Magistrate's power to order investigation is a safeguard ensuring that even less serious offences are not left without remedy, while simultaneously protecting citizens from unwarranted police interference in minor matters.
Parkash Singh Badal v. State of Punjab [(2007) 1 SCC 1]
The Court observed that the cognizable/non-cognizable distinction serves a dual purpose: it empowers the police to act swiftly in serious offences while protecting individual liberty from arbitrary police action in less serious matters. The classification reflects a legislative judgment about the relative gravity of different offences.
Examples of non-cognizable offences
Common non-cognizable offences include:
- Public nuisance (Section 290 IPC / Section 292 BNS)
- Assault or criminal force not amounting to grave provocation (Section 352 IPC / Section 131 BNS)
- Cheating simpliciter without dishonest delivery of property (Section 417 IPC / Section 318 BNS)
- Defamation (Section 500 IPC / Section 356 BNS)
- Criminal intimidation (Section 506 first part IPC / Section 351 BNS)
- Mischief causing damage under fifty rupees (Section 426 IPC)
- Adultery (Section 497 IPC — struck down in 2018 by the Supreme Court)
Why this matters
The cognizable/non-cognizable distinction has significant practical consequences for how a citizen can seek police assistance. For non-cognizable offences, the police cannot register an FIR, arrest the accused without a warrant, or investigate the matter on their own initiative. The complainant must approach a Magistrate under Section 156(3) CrPC (Section 175(3) BNSS) to direct the police to investigate, or file a private complaint under Section 190 CrPC (Section 210 BNSS).
This procedural requirement can be frustrating for victims of offences such as cheating, defamation, or simple assault, where the police may refuse to act and redirect the complainant to the Magistrate. In practice, many police stations incorrectly refuse to entertain complaints about non-cognizable offences altogether, rather than entering the information in the NC register and referring the complainant as required by law.
A common misunderstanding is that non-cognizable offences are trivial or not "real" crimes. This is incorrect. Non-cognizable offences are punishable criminal acts; the classification merely reflects a legislative judgment that they do not require immediate police intervention without judicial oversight. The remedy remains available through the Magistrate, and a Magistrate can order a full investigation under Section 155(2) CrPC or take cognizance on a private complaint.
Related terms
Opposite:
Related procedures:
Broader concepts:
Frequently asked questions
Can the police register an FIR for a non-cognizable offence?
No. For non-cognizable offences, the police must enter the information in the NC register under Section 155 CrPC (Section 173 BNSS) and refer the complainant to the Magistrate. An FIR under Section 154 CrPC (Section 172 BNSS) is registered only for cognizable offences. However, a Magistrate can order police investigation into a non-cognizable offence under Section 155(2) CrPC.
What should I do if the police refuse to act on my non-cognizable complaint?
You can approach the jurisdictional Magistrate and file a complaint under Section 190 CrPC (Section 210 BNSS). The Magistrate can take cognizance of the offence and either order the police to investigate under Section 156(3) CrPC or proceed with the complaint directly. You may also file a private complaint before the Magistrate.
Can a non-cognizable offence become cognizable?
The classification is fixed by the First Schedule to the CrPC (Fourth Schedule to the BNSS) and cannot be changed by the police or the Magistrate. However, certain offences may be cognizable or non-cognizable depending on the circumstances — for example, criminal intimidation is non-cognizable under Section 506 first part IPC but cognizable under Section 506 second part (threat to cause death or grievous hurt).
Is anticipatory bail needed for non-cognizable offences?
Generally, no. Since the police cannot arrest without a warrant for non-cognizable offences, anticipatory bail under Section 438 CrPC (Section 482 BNSS) is not typically required. However, if a Magistrate issues a warrant in a non-cognizable case, the accused may need to apply for bail.
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.