Legal Knowledge
recent

What is the punishment for Cognizable offence and Non-Cognizable offence?

www.lawyerguruji.com
 what is the punishment for Cognizable offence and Non-Cognizable offence?

Cognizable offence and Non-Cognizable offence.
The police have right to arrest any one for both cognizable offence or non-cognizable offence.

Cognizable offence- Cognizable offence is defined under the Criminal Procedure Code 1973, cognizable offence or cognizable case means that case or offence in which police officer has the power to arrest the person without any warrant as the first schedule of the  Criminal Procedure Code 1973.
In a cognizable offence or cognizable cases,  the police officer can arrest a person without obtaining prior permission from the magistrate.
Cognizable offence or cognizable case are serious in nature.

There is some example of cognizable offence?
These Cognizable offences are usually offence which is serious in nature and provision of punishment are more than seven years.

1.Rape- Section 376  of the Indian Penal code 1860 punishment for rape Which is seven-year or which may be extended for ten years or life long imprisonment and shall also be liable to fine or both. whoever commits rape should also be punished with the sentence of death in extreme cases

2.Dowry death. Section 304B  of the Indian Penal code 1860 punishment for dowry death  Which is seven-year or which may be extended for life long imprisonment and shall also be liable to fine or both.

3.Theft.Section 379  of the Indian Penal code 1860  punishment for theft Which is three-year  and shall also be liable to fine

4.Criminal breach of trust. .Section 406  of the Indian Penal code 1860  punishment for Criminal breach of trust Which is three-year and shall also be liable to fine or both.
Non-Cognizable offence- The non-cognizable offence is defined under the Criminal Procedure Code 1973, non-cognizable offence or non-cognizable case means that case or offence in which police officer has the power to arrest the person with the warrant.
In a non-cognizable offence or non-cognizable cases,  the police officer can not arrest a person without obtaining prior permission from the magistrate.

There is some example of Non-Cognizable offence?
Punishment for Non-cognizable offence depends on the nature of the offence. 

1.Include Public nuisance. Section 290  of the Indian Penal code 1860  punishment for Public nuisance which shall be punished with fine which may extend to two hundred rupees.

2.Mischief. Section 426  of the Indian Penal code 1860  punishment for mischief which is punished by imprisonment or it may be extended for three months and shall also be liable to fine or both. 

3.Assault.  Section 352   of the Indian Penal code 1860 punishment for Assault which is punished by three-month imprisonment and shall also be liable to fine or both.

No comments:

Thanks for reading my article .

OLD POST

Powered by Blogger.