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Cognizable Offence

/ˈkɒɡnɪzəbəl əˈfɛns/

Legal Term

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Definition

An offence in which police have the power to arrest without a warrant, investigate without Magistrate permission, and register an FIR. Generally serious offences — murder, rape, robbery, kidnapping, dacoity. The Schedule to the CrPC (and BNSS) specifies which offences are cognizable.

Examples

Murder is cognizable — police can arrest the suspect immediately without seeking a warrant from a Magistrate.
A defamation case (Section 499/500 IPC) is non-cognizable — police cannot arrest without warrant and need Magistrate's order to investigate.

Case Study

In State of Haryana v. Bhajan Lal (1992), the Supreme Court laid down seven categories where an FIR in a cognizable case may be quashed — including where the allegations, taken at face value, do not disclose a cognizable offence at all.

Key Cases

State of Haryana v. Bhajan Lal

1992

AIR 1992 SC 604

Laid down seven categories where FIR in a cognizable case can be quashed by High Court under Section 482 CrPC. Foundational authority on the limits of FIR jurisdiction.

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Synonyms

cognizable crimenon-bailable offencearrestable offence

Antonyms / Opposites

non-cognizable offence

Related Terms

FIRnon-cognizable offencebailable offencearrest without warrantSchedule I CrPC

Dictionary Entry

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