Non-cognizable Offence has been defined in Criminal Procedure Code as follows- as “a case in which, a police officer has no authority to arrest without a warrant”. Non-Cognizable offences are those which are less serious in nature. Example- Assault, Cheating, Forgery, Defamation, etc.
Can FIR be Lodged in Non Cognizable Offence?
As per Lawkidunya, non-cognizable offence is an offence in which a police officer has no authority to arrest without warrant. The police may not investigate a complaint even if you file a FIR, when: (i) The case is not serious in nature; (ii) The police feel that there is not enough ground to investigate.
Are all Non Cognizable Offences Bailable?
Cognizable Offences are those where a police officer can arrest without warrant. And 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. Cognizable offences are both bailable, and non-bailable.
Is 420 a Cognizable Offence?
Yes , unless you have been granted anticipatory bail. 420 IPC is a cognizable,non – bailable offence. Arrest is done when Investigation Officer is satisfied that offence has been commited by a particular person. If court grants anticipatory bail ,then police can’t arrest.
When Can a Non Bailable Warrant be Issued?
Therefore the courts have to be extremely careful before issuing non- bailable warrants. The Hon’ble Apex court further held that non-bailable warrant should be issued to bring the person to court when summons and bailable warrant would be unlikely issued.