 Please subscribe to this YouTube channel mentor talk and do press bell button for notifications. In the last couple of days I have received many requests from the viewers asking me to speak about the difference between the the cognizable and non-cognizable offenses as well as you know difference between the police custody and the judicial custody. In this video, I will talk about the cognizable and non-cognizable offenses. Regarding the police custody and the judicial custody, I will cover that in my next episode. A cognizable offense means an offense in which a police officer has the authority to make an arrest without a warrant and to start an investigation with or without the permission of a court. This I am talking about cognizable offenses. Cognizable cases are more serious in nature than the non-cognizable cases such as you know murder, rape, kidnapping, theft, robbery, decoy, etc. Typically serious offenses are defined as cognizable offenses and ordinarily carry a sentence of three years or more ordinarily. The Supreme Court of India has settled that it is mandatory for the police to register a first information report and FIR for all complaints in which a cognizable offense has been discovered. As per section 154 of the Criminal Procedure Court, CRPC, a police officer is under an obligation to register an FIR in case of a cognizable offense. In order to be sure about the commission of a cognizable offense, a police officer can also carry out preliminary inquiry before registering the FIR. Every information relating to the commission of a cognizable offense if you know given verbally orally to an officer in charge of a police station shall be reduced in writing by that police officer or under his direction and it has to be read over to the informant and every such information whether given in writing or reduced in writing shall be signed by the person giving that complaint or giving that information and the substance thereof shall be entered into a recorded book which is to be maintained by such police officer as prescribed in that particular state. A copy of the information as recorded shall be given forthwith free of cost to the informant. Any person aggrieved by a refusal on the part of an officer in charge of a police station to record the information of an offense may send the substance of such information in writing and by a post to the superintendent of police concerned who if satisfied that such information discloses the commission of a cognizable offense shall either investigate the case himself or direct an investigation to be made by any police officer subordinate to him. So, what are the key takeaways for a cognizable offense? First, cognizable offenses are those where a police officer can make an arrest without a warrant. Yes, so that's first key takeaway. Second, the police can commence to initiate a preliminary investigation without the permission of the court or even without registering the FIR. That's second takeaway. Third, the cognizable offenses are considered serious crimes with prescribed punishment being ordinarily more than three years imprisonment. These are heinous serious crimes like murder, rape, decoy, theft, etc. Fourth takeaway, the police officer is bound to register the FIR even without the permission of magistrate. That's important. And finally, the final takeaway is that it is a non-bailable offense meaning that bail is not a matter of right and bail can be granted only by the competent court of law. Now, I'll be deviating slightly from the subject because I think it is important and significant to apprise you about the bailable or non-bailable offenses as well while I am discussing cognizable and non-cognizable offenses. Under the Code of Criminal Procedure, first schedule of the CRPC, offenses have been classified as bailable or non-bailable offenses. In the case of bailable offenses, as the expression itself speaks about, it is binding upon the investigating officer, the IO, to grant bail. Though in non-bailable offense, as the name itself suggests, the police cannot grant bail and bail can be granted by a judicial magistrate. So non-bailable also does not mean that they are not bailable at all. The competent court, the judicial magistrate, can grant bail. In the case of a non-bailable offense, the investigating officer must produce the accused before the concerned magistrate or court concerned within 24 hours of his arrest. At that time, the accused has a right to consult with the lawyer as well. Back now to the subject as to what is a non-cognizable offense now. In simple words, what is not cognizable is non-cognizable. A police officer does not have the authority to make an arrest without a warrant in respect of a non-cognizable offense. An investigation cannot be initiated without the go ahead by a court order. A non-cognizable offense is the offense listed under the first schedule of the Indian penal court and it is bailable in nature. As I mentioned earlier, in case of a non-cognizable offense, the police cannot arrest the accused without a warrant as well as cannot start an investigation without the permission of the court. The offenses of non-cognizable would include forgery, cheating, defamation, public nuisance, etc. These are some of the examples of non-cognizable offenses. Now with regard to non-cognizable offenses, a criminal complaint can be lodged with the magistrate who may order the concerned police station to commence an investigation into an alleged offense. In such offenses, an ordinary complaint can also be filed with the police who will conduct an inquiry before lodging a formal FIR. Sorry it is a little warm in the studio today because the icon is not working. These are bailable offenses and bail can be granted by the concerned officer or the magistrate. As the case may be, if a person is arrested for a bailable offense, he is entitled to be released forthwith on bail at the police station itself as a matter of right on furnishing a bail bond of any reasonable amount. So that's all for today. It's a little warm so I'm cutting short my lecture. See you again. Please subscribe to this YouTube channel mentor talk and do press bell button for notifications.