Non-cognizable offence is an offence for which a police officer has no authority to arrest without a warrant (Section 2(1)(o) of the Bharatiya Nagarik Suraksha Sanhita, 2023, BNSS; earlier Section 2(l) of the Code of Criminal Procedure, 1973, CrPC). The police cannot investigate it without the order of a Magistrate, and they record the complaint as a Non-Cognizable Report (NCR).
Legal definition
Section 2(1)(o) BNSS: "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 each offence is made by the First Schedule to the BNSS (and, for older cases, the First Schedule to the CrPC). It states, offence by offence, whether it is cognizable or non-cognizable, bailable or non-bailable, and which court tries it.
The procedural consequences follow from Section 174 BNSS (earlier Section 155 CrPC):
- Section 174(1): the officer in charge must enter the substance of the information in the register kept for the purpose, refer the informant to the Magistrate, and forward the daily diary report of all such cases to the Magistrate every fortnight.
- Section 174(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."
- Section 174(3): a police officer who receives such an order has the powers of an officer in charge of a police station in a cognizable case, "except the power to arrest without warrant."
- Section 174(4): where a case relates to two or more offences of which at least one is cognizable, the case is treated as cognizable.
Section 35(2) BNSS adds that, subject to Section 39, nobody concerned in a non-cognizable offence can be arrested "except under a warrant or order of a Magistrate."
How courts have interpreted this term
State of Haryana v. Ch. Bhajan Lal (Supreme Court, 21 November 1990, 1990 INSC 363). In listing the situations in which a criminal case can be quashed, the Court included the case where the allegations "do not constitute a cognizable offence but constitute only a non-cognizable offence," and said that then "no investigation is permitted by a police officer without an order of a Magistrate."
Keshav Lal Thakur v. State of Bihar (Supreme Court, 11 October 1996, 1996 INSC 1190). Police registered a case for a non-cognizable offence and investigated it without a Magistrate's order; the Magistrate took cognizance on their report. The Court quashed the proceedings: the police could not register such a case as an FIR, and without the Magistrate's order they could neither investigate nor submit a report on which cognizance could be taken.
Tilaknagar Industries Ltd. v. State of A.P. (Supreme Court, 19 October 2011). The Court said the safeguard in Section 155(2) CrPC "must be strictly followed, since they are conceived in public interest and as a guarantee against frivolous and vexatious investigation," and quashed a Magistrate's order sending a complaint that disclosed no cognizable offence to the police for investigation.
Ayesha Ashfaq Khan v. State (NCT of Delhi) (Delhi High Court, 15 December 2025). A defamation complaint had been recorded as an NCR and the police had obtained a Magistrate's permission to investigate. The High Court quashed that permission, holding that for defamation cognizance can be taken only on a complaint by the person aggrieved (Section 222(1) BNSS; earlier Section 199 CrPC), so no police investigation could be directed.
Examples of non-cognizable offences
These are classified as non-cognizable and bailable in the BNSS First Schedule:
| Offence | BNS section | Maximum punishment |
|---|---|---|
| Voluntarily causing hurt | 115(2) | 1 year, or fine up to ₹10,000, or both |
| Assault or criminal force (not on grave and sudden provocation) | 131 | 3 months, or fine up to ₹1,000, or both |
| Intentional insult to provoke breach of peace | 352 | 2 years, or fine, or both |
| Criminal intimidation (all limbs) | 351(2)-(4) | 2 years to 7 years depending on the limb |
| Defamation | 356(2) | 2 years simple imprisonment, or fine, or both, or community service |
| Cheating | 318(2) | 3 years, or fine, or both |
| Mischief | 324(2) | 6 months, or fine, or both |
Not every offence that sounds minor is on the list. Grievous hurt (Section 117(2)), hurt by dangerous weapons (Section 118(1)), criminal trespass (Section 329(3)) and insulting the modesty of a woman (Section 79) are cognizable. The First Schedule also lists some offences as non-cognizable but non-bailable, so "non-cognizable" does not automatically mean "bailable."
Why this matters
The cognizable/non-cognizable line decides who can act first. For a non-cognizable offence the police record the complaint and send you to a Magistrate; they cannot investigate or arrest on their own. The route forward is to apply to the Magistrate for an order allowing investigation, or to file a private complaint (Section 223 BNSS). Non-cognizable does not mean unimportant: these are criminal offences, and the Magistrate can take cognizance on your complaint.
Time limits apply. Courts cannot take cognizance of minor offences after the period in Section 514 BNSS: six months for fine-only offences, one year where the maximum jail term is up to one year, and three years where it is above one year and up to three. Most of the offences above can be compounded by the victim without court permission (Section 359(1) BNSS).
For the full step-by-step route, see What Is a Non-Cognizable Report (NCR) and When Is It Filed? and Got an NCR Instead of an FIR? What Happens Next.
Related terms
Opposite:
Related procedures:
Broader concepts:
Frequently asked questions
Can the police register an FIR for a non-cognizable offence?
No. For a non-cognizable offence the police must enter the substance of the information in the prescribed register and refer the informant to the Magistrate (Section 174(1) BNSS, earlier Section 155(1) CrPC). In Keshav Lal Thakur v. State of Bihar (1996) the Supreme Court quashed proceedings because police had registered a case for a non-cognizable offence and investigated it without a Magistrate's order.
What should I do if the police record only an NCR and I want action?
Go to the Magistrate. You can apply for an order allowing the police to investigate (Section 174(2) BNSS) or file a private complaint (Section 223 BNSS). If you believe the facts disclose a cognizable offence, write to the Superintendent of Police under Section 173(4) BNSS and then apply to the Magistrate under Section 175(3) BNSS.
Can a non-cognizable offence become cognizable?
The classification of each offence is fixed by the First Schedule to the BNSS and the police cannot change it. But where one case relates to two or more offences and at least one is cognizable, the whole case is treated as cognizable (Section 174(4) BNSS). Criminal intimidation, for example, is non-cognizable in every limb of Section 351 BNS, but a case that also includes a cognizable offence is a cognizable case.
Is anticipatory bail needed for a non-cognizable offence?
Section 35(2) BNSS bars arrest in a non-cognizable case except under a warrant or order of a Magistrate, and many non-cognizable offences are bailable, where bail is a matter of right. Anticipatory bail under Section 482 BNSS is for a person who fears arrest on an accusation of a non-bailable offence, and the First Schedule lists some non-cognizable offences as non-bailable, so check the classification of the offence alleged.
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.