Cognizable vs Non-Cognizable Offence in India: The Difference Explained (2026)

Explainer · Criminal Procedure

Updated for 2026 · Claw Editorial

A cognizable offence is one where the police can register an FIR and arrest without a warrant or prior court permission, and these are usually serious offences. A non-cognizable offence is one where the police cannot arrest or investigate without a Magistrate’s order, and these are usually less serious. This guide explains the difference in plain English, with examples, the FIR and arrest rules, and what to do when your complaint is non-cognizable. Last verified: October 2026.

01Why this confuses people

Most people learn the difference the hard way, at a police station. They go to report a wrong done to them, and are told, “We cannot register an FIR for this, go to court.” Or they are called in for questioning and ask whether the police can arrest them on the spot.

Both situations come down to one question: is the offence cognizable or non-cognizable? The answer decides whether the police can act on their own, or must wait for a Magistrate.

Two different sets of police powers

The criminal law gives the police wide powers for serious offences and narrow powers for minor ones. The idea is simple. Where a delay could let a dangerous person escape or evidence disappear, the police need to move fast. Where the matter is mostly a private dispute, the court keeps control.

The law has also changed its numbering

India now has the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which replaced the Code of Criminal Procedure, 1973 (CrPC). Many articles and older judgments still use CrPC section numbers. So you will often need both. This page gives the CrPC section first and the BNSS equivalent next to it.

02What is a cognizable offence

A cognizable offence is an offence for which a police officer can arrest without a warrant, as shown in the First Schedule of the Code or under any other law. It is defined in section 2(c) of the CrPC, and in section 2(1)(g) of the BNSS.

In practice this means three things:

• The police must register an FIR when information about the offence reaches them.
• The police can start investigating on their own, without asking a Magistrate first.
• The police can arrest the accused without an arrest warrant, if the conditions for arrest are met.

A cognizable offence lets the police act first. A non-cognizable offence makes them wait for the Magistrate.

Note the last point carefully. “Without a warrant” does not mean “always arrest”. Arrest still has to meet the legal tests, found in section 41 of the CrPC and section 35 of the BNSS. For many offences the police must first consider a notice to appear instead of arrest.

03What is a non-cognizable offence

A non-cognizable offence is an offence for which a police officer cannot arrest without a warrant. It is defined in section 2(l) of the CrPC, and in section 2(1)(l) of the BNSS.

Here the police are held back in two ways:

• They do not register a regular FIR. They record the information in a station diary and tell the person to approach the Magistrate. This is the route under section 155 of the CrPC, now section 174 of the BNSS.
• They cannot investigate unless a Magistrate with power to try the case (or send it for trial) orders them to do so.

Once a Magistrate gives that order, the police can investigate in the same way as for a cognizable offence. The one big exception is that they still cannot arrest without a warrant.

When a case has both kinds of offence

If a case involves two or more offences and even one is cognizable, the whole case is treated as cognizable. This is why a serious charge added to an FIR changes how the police can act on the entire case.

04FIR and arrest: the real difference

The difference between the two comes down to FIR, investigation, and arrest. This table shows it side by side.

Can the police refuse to register an FIR?

For a cognizable offence, the Supreme Court has said registration of an FIR is mandatory when the information discloses a cognizable offence. This is the Constitution Bench ruling in Lalita Kumari v. Government of Uttar Pradesh (2014) 2 SCC 1. A short preliminary enquiry is allowed only in limited kinds of cases, such as matrimonial disputes, commercial offences, and cases with unexplained delay.

The BNSS adds more detail. Section 173 allows an FIR to be registered at any police station, which is called a Zero FIR, and it allows e-information. For offences punishable with three years or more but less than seven, the police may hold a preliminary enquiry, within 14 days, with the approval of a senior officer.

If the police still refuse, the person can send the information in writing to the Superintendent of Police (CrPC s.154(3), BNSS s.173(4)). After that, they can approach the Magistrate under section 156(3) of the CrPC (BNSS s.175(3)). The deeper rules on how a court takes up a case are covered in our guide to what cognizance means.

05Examples of each

Here are common examples, using the Indian Penal Code (IPC) section numbers that most people still know. The Bharatiya Nyaya Sanhita (BNS) has replaced the IPC with new numbers, but the classification mostly carries over.

Cognizable offence examples

• Murder (IPC 302).
• Rape (IPC 376).
• Kidnapping (IPC 363).
• Robbery and dacoity (IPC 392 and 395).
• Dowry death (IPC 304B).
• Theft (IPC 379).

Non-cognizable offence examples

• Voluntarily causing simple hurt (IPC 323).
• Defamation (IPC 500).
• Public nuisance (IPC 290).
• Simple cheating (IPC 417). Note that cheating with delivery of property (IPC 420) is treated differently.
• Assault or use of criminal force (IPC 352).

Do not rely on a list alone. The classification can change with the facts, with state amendments, and with special laws. Always check the First Schedule and the statute under which the case is filed.

Another related idea is whether an offence can be settled between the parties. That is a separate question from cognizable status. See compoundable vs non-compoundable offences.

06How to tell which one applies

The quickest way to tell is the First Schedule of the CrPC, which the BNSS carries forward in its own First Schedule. It lists every IPC offence (and now the BNS offences) with a column that says whether it is cognizable or non-cognizable, along with whether it is bailable and which court can try it.

1. Find the section. Note the exact section of the BNS, IPC, or special law in the FIR or complaint.
2. Open the First Schedule. Part I covers the IPC and BNS style offences. Part II covers offences under other laws.
3. Read the column. It says “Cognizable” or “Non-cognizable” against the offence.
4. Check Part II for special laws. For offences under other laws, the classification often depends on the punishment. A common rule is that an offence punishable with imprisonment of three years or more is cognizable, and less than three years is non-cognizable. The special law itself may say something different.
5. Check for state amendments. Some states have amended the classification of certain offences.

The official text is available on India Code.

07What to do for a non-cognizable complaint

If your matter is non-cognizable, the police will not register a full FIR. You still have clear options.

1. Give the information at the police station. The officer must record it in the station diary and refer you to the Magistrate (CrPC s.155(1), BNSS s.174). Ask for a copy or a diary entry number.
2. File a complaint before the Magistrate. This is the usual and strongest step. A private complaint to the Magistrate falls under section 200 of the CrPC (BNSS s.223).
3. Ask for an order to investigate. If you want the police to investigate, the Magistrate can order it. Only then can the police investigate (CrPC s.155(2), BNSS s.174), and even then, without a warrant they cannot arrest.
4. Keep your proof ready. Photos, messages, medical records, and witness names make the Magistrate’s job easier.

For lawyers who run many such matters, tracking each hearing, order, and deadline is the real work. See our guide to case management software for criminal lawyers in India.

08Where Claw fits

Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.

For a topic like this, the practical use is on the lawyer’s side. You can search judgments such as Lalita Kumari and later rulings on FIR registration, and then track the resulting criminal matters, hearings, and orders in one place. Claw does not use customer case documents to train AI models.

09Sources and further reading

• Bharatiya Nagarik Suraksha Sanhita, 2023 and the CrPC, 1973: indiacode.nic.in
• Supreme Court of India (judgments, including Lalita Kumari): sci.gov.in
• Claw: clawlaw.in

Section numbers in the BNSS should be confirmed against the official text, as this page is a general explainer and not legal advice. Last verified: October 2026.

10Frequently asked questions