COGNIZABLE OFFENCE: It is an Offence where a police officer can arrest without a warrant.
- In such cases after arrest has been made, the accused will be produced before a magistrate and he may require the police officer to investigate the matter.
- After investigation, if the case is made out i.e. the charge sheet filed goes against accused, the magistrate can order for arrest.
EXAMPLES OF COGNIZABLE OFFENECES:
- Offences of waging or attempting to wage war or abetting the waging of war against the government of India.
- Wearing the dress or carrying any token used by a soldier, sailer, or airman with an intent that it may be believed he is such a soldier, sailor,or airman.
- Rioting armed with deadly weapon.
- Hiring, engaging or employing persons to take part in an unlawful assembly or taking part in self.
- Being or expecting to be a public servant and taking a gratification other than legal remuneration in respect of an official act.
- Public servant obtaining any valuable things without consideration from a person concerned in any proceeding or business transacted by such public servant.
- Counterfeiting or performing any pat of the process of counterfeiting Indian coin.
- Having possession of a counterfeit government stamp.
- Making or selling false weights or measures for fraudulent use.
- Negligently doing any act known to be likely to spread infection of any disease dangerous to life.
- Causing a disturbance to an assembly engaged in religious worships.
NON-COGNIZABLE OFFENCE:
Non- cognizable offences are those where a police officer can't arrest without a warrant.
- In such offences for arrest all the steps have to be followed as below.
- Filing of complaint/F.I.R
- Investigation
- Charge Sheet
- Charge Sheet to be filed in court.
- Trial
- Final orders of arrest if case has been made out.
EXAMPLES OF NON-COGNIZABLE OFFENCES:
Following are some examples of non-cognizable offences.
- Owner or occupier of land not giving information of riot etc.
- A public servant disobeying a direction of the law with intent to cause injury to any person.
- A public servant unlawfully engaging in trade.
- Bribery during elections.
- Making any false statement in Connection with an election.
- Absconding to avoid service of summons or other proceeding from a public servant like where summons or notice require attendance in person etc in a court of Justice.
- Refusing to take oath when required taking oath by a public servant.
- Obstructing Public servant in discharge of his Public functions.
- Giving or fabricating false evidence in a judicial proceeding.
- False claim in a court of Justice.
- Fraudulent use of false instrument for weighting.
- Selling any food or drink as food and drink knowing the same to be a noxious.
- Offering for sale or issuing from a dispensary any drug or medical preparation known to have been adulterated.
- Voluntarily causing hurt on grave and sudden provocative not intending to hurt any other than the person who gave the provocation.
- Buying or disposing of any person as a slave.
- Dishonest misappropriation of movable property or converting it to one's own use.
This content is extracting from
helplinelaw.com site....
No comments:
Post a Comment