Cognizable vs Non-Cognizable: Know the Word That Decides Whether Police Act

Dombivli Police Station. Two Citizens. Two Outcomes.

At a busy police station in Dombivli, two people walk in on the same afternoon.Different situations. Same hope for justice.

Dilip, a college student, reports that his phone was snatched outside the local train station.The officer listens, nods, and immediately starts writing:

“Cognizable hai, sir. Theft case. FIR banega.”

An hour later, Aarti, a small business owner, walks in. A customer visited her shop, hurled verbal abuse, and threatened to "ruin her life" over a refund dispute.She wants action.

This time, the officer says:

“Madam, yeh non-cognizable hai. Pehle Magistrate ke paas jaaiye.”

Two people. Two laws. Two completely different routes.

The difference? Just one legal term: cognizable.

What the Law Says: BNSS in Simple Terms

The Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 gives us two basic types of offences.

Cognizable Offence — (Section 2(1)(f) BNSS)

An offence where police can arrest without a warrant, and start investigating immediately, without Magistrate permission.

Non-Cognizable Offence — (Section 2(1)(l) BNSS)

An offence where police cannot arrest or investigate unless the Magistrate gives permission.

It’s not just legal grammar.It decides whether justice starts today — or after weeks in court.

Police Ka Role: Power vs. Permission

Let’s break it down with the relevant sections:

In Cognizable Offences:

• Police must register an FIR under Section 173

• Investigation begins immediately under Section 174(1)

• Arrests can be made without a judge under Section 176

No excuses. No delays. The system is built for urgency.

In Non-Cognizable Offences:

• Police can record the complaint, but must inform you they can’t investigate without court permission (Section 174(2))

• Only after Magistrate allows, under Section 175, can they start inquiry or arrest

In simple terms:Cognizable = Police act.Non-Cognizable = Court must allow.

Real-Life Examples: From My Own Cases

Case 1: Cognizable – FIR Registered on the Spot

A college student was attacked with a blade by local goons during a college fest fight.We reported it under BNS Section 108 (Attempt to Murder).FIR filed immediately. Investigation began within the hour.Police didn’t need the court’s permission. The law gave them power.

Case 2: Non-Cognizable – Court First, Then Police

A woman approached me after being conned by a property agent who took advance money and disappeared.

Police said:

“Non-cognizable hai, cheating ka matter. Court order chahiye.”

They were right.

We filed a private complaint under Section 223 BNSS.The Magistrate examined her (Section 224), heard witnesses (Section 225), and then ordered police inquiry.

Justice moved — not from the thana, but through the court.

Cognizable vs. Non-Cognizable — BNSS Breakdown

🔍 Feature	🚨 Cognizable Offence	📄 Non-Cognizable Offence
Police Can Arrest?	✅ Yes – no court needed (Sec. 176)	❌ No – Magistrate approval required (Sec. 174(2))
FIR Mandatory?	✅ Yes – under Sec. 173	❌ No – unless Magistrate orders it
Start Investigation?	✅ Yes – immediately (Sec. 174(1))	❌ Only after court says yes (Sec. 175)
Examples	Murder (S.101), Rape (S.64), Theft (S.303)	Cheating (S.316), Defamation, Forgery
Trial Court	Sessions or Chief Judicial Magistrate	Magistrate First or Second Class

❌ Myth-Busting: Seen at Thanedars’ Desks Every Week

❌ “Police must register FIR in every case.”✅ Only if it’s a cognizable offence.

❌ “Police can arrest anyone, anytime.”✅ In non-cognizable cases, arrest is illegal without Magistrate approval.

❌ “If FIR nahi mila, case hi khatam.”✅ Not true. You can still file a complaint before the Magistrate and begin the legal process.

Supreme Court Clarity: Lalita Kumari v. State of U.P. (2014)

The Supreme Court ruled:

“Registration of FIR is mandatory when a cognizable offence is disclosed.”

No waiting. No enquiry. No excuses.If someone is stabbed, kidnapped, or sexually assaulted — and the police delay — they are violating the law.

That’s not just moral failure.It’s a breach of Article 21 of the Constitution, which guarantees personal liberty through legal procedure.

Final Word: FIR Milega Ya Court Ka Raasta Pakdo?

The system may feel confusing. But the rule is simple:

“Yeh offence cognizable hai ya nahi?”

Because that one answer tells you:

• Will the police take action today?

• Will you get an FIR now — or need to go to court first?

• Will justice begin… or be postponed?

In Bharat, justice doesn’t start in the courtroom.It starts at the police station.

And the first step — the very first word that defines your legal path — is: cognizable.

“In India, law doesn’t just need to be read.It needs to be recognised — at the moment you step into a police station.Cognizable or non-cognizable — that single word changes the route to justice.Know it. Use it. And if the system stalls you, quote the law back to it.That’s what I do. Every single day.”— Adv. Raj Saraf