Cognizable vs. Non-Cognizable Offences Under New Criminal Laws

The Law Gurukul
Jul 10
2 min read

With the replacement of the Indian Penal Code (IPC), Criminal Procedure Code (CrPC), and Indian Evidence Act by the Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), and Bharatiya Sakshya Adhiniyam (BSA), the classification of offences has undergone some changes. However, the distinction between cognizable and non-cognizable offences remains a fundamental part of criminal law.

This blog explains the updated definitions, examples, and key differences under the new legal framework.

What Are Cognizable Offences Under BNSS?

Cognizable offences are serious crimes where the police can arrest without a warrant and begin investigation immediately without needing a magistrate’s permission. These offences typically involve grave violations of law.

Examples of Cognizable Offences (Under BNS & BNSS)

Murder (Section 101 BNS)
Rape (Section 63 BNS)
Robbery (Section 303 BNS)
Kidnapping (Section 136 BNS)
Terrorism-related offences (Section 111 BNS)

Key Features of Cognizable Offences:

✅ Police can arrest without a warrant.

✅ FIR (First Information Report) must be registered immediately.

✅ Investigation starts without court approval.

✅ Bail is usually stricter (depending on severity).

What Are Non-Cognizable Offences Under BNSS?

Non-cognizable offences are less serious crimes where the police cannot arrest without a warrant and cannot investigate without a magistrate’s order. These usually involve minor disputes or violations.

Examples of Non-Cognizable Offences (Under BNS & BNSS)

Defamation (Section 356 BNS)
Simple hurt (Section 125 BNS)
Public nuisance (Section 290 BNS, if minor)
Minor cheating (Section 318 BNS, if not severe)
Trespassing (Section 332 BNS)

Key Features of Non-Cognizable Offences:

❌ Police cannot arrest without a warrant.

❌ NCR (Non-Cognizable Report) is filed instead of an FIR.

❌ Investigation requires court permission.

❌ Bail is generally easier to obtain.

Key Differences Between Cognizable & Non-Cognizable Offences (Under New Laws)

Aspect	Cognizable Offences	Non-Cognizable Offences
Severity	Serious crimes (e.g., murder, terrorism)	Minor crimes (e.g., defamation, nuisance)
Arrest Without Warrant	Yes (BNSS allows immediate arrest)	No (Magistrate’s warrant needed)
FIR Registration	FIR is mandatory	NCR filed (No FIR unless court orders)
Investigation	Police can investigate immediately	Court permission required
Bail Conditions	Stricter, especially for serious crimes	Usually easier to obtain

Why Does This Classification Still Matter?

The distinction remains crucial because:

Victims of serious crimes (cognizable) can get immediate police intervention.
Victims of minor offences (non-cognizable) must approach the court first.
Legal procedures differ—knowing whether an offence is cognizable or non-cognizable helps in taking the right legal steps.

Changes Under BNSS & BNS

Digital FIRs are now allowed, making reporting easier.
Zero FIR concept continues—complaints can be filed at any police station.
Stricter timelines for investigation in cognizable cases.

Final Thoughts

While the IPC and CrPC have been replaced, the core classification of offences remains similar. Understanding whether an offence is cognizable or non-cognizable helps in seeking timely justice and navigating the legal system effectively.