Cognizable offence
Also called: Cognizable case
An offence for which a police officer may arrest without warrant, in accordance with the First Schedule to the BNSS or any other law in force.
Explained
Section 2(1)(g) of the BNSS defines a cognizable offence as an offence for which, and a cognizable case as a case in which, a police officer may, in accordance with the First Schedule or under any other law for the time being in force, arrest without warrant. The definition is the same as Section 2(c) of the CrPC, which applied earlier. Its opposite is the non-cognizable offence in Section 2(1)(o), for which the police have no authority to arrest without warrant.
Whether an offence is cognizable is decided by the First Schedule for offences under the BNS and, for offences under other laws, by Part II of that Schedule unless the special law itself provides otherwise. The classification has two practical results. First, information about a cognizable offence must be recorded under Section 173, and the officer in charge of a police station may investigate under Section 175 without any order of a Magistrate. Second, the police may arrest without warrant under Section 35, subject to the conditions it lays down for offences punishable with imprisonment up to seven years.
In a non-cognizable case the officer only enters the substance of the information and refers the informant to the Magistrate, and no investigation can begin without a Magistrate's order (Section 174). Where a case involves several offences and at least one is cognizable, Section 174(4) deems the whole case cognizable. Cognizability is a separate question from bailability: an offence may be cognizable yet bailable.
Examiners test the BNSS changes. Section 173(1) allows information to be given irrespective of the area where the offence was committed and by electronic communication, to be signed within three days. Section 173(3) permits a preliminary enquiry, with the prior permission of an officer not below the rank of Deputy Superintendent of Police, for offences punishable with three years or more but less than seven years, to be completed within fourteen days. This qualifies the rule in Lalita Kumari that registration of an FIR is mandatory when information discloses a cognizable offence.
What the law says
(g) “cognizable offence” means an offence for which, and "cognizable case" means a case in which, a police officer may, in accordance with the First Schedule or under any other law for the time being in force, arrest without warrant;
Clause (g) of sub-section (1) defines cognizable offence and cognizable case
Earlier law: CRPC 2. Definitions.
(1) Every information relating to the commission of a cognizable offence, irrespective of the area where the offence is committed, may be given orally or by electronic communication to an officer in charge of a police station, and if given—
(i) orally, it shall be reduced to writing by him or under his direction, and be read over to the informant; and every such information, whether given in writing or reduced to writing as aforesaid, shall be signed by the person giving it;
(ii) by electronic communication, it shall be taken on record by him on being signed within three days by the person giving it,
Recording of information in cognizable cases, zero FIR and preliminary enquiry
Earlier law: CRPC 154. Information in cognizable cases.
(1) Any officer in charge of a police station may, without the order of a Magistrate, investigate any cognizable case which a Court having jurisdiction over the local area within the limits of such station would have power to inquire into or try under the provisions of Chapter XIV:
Provided that considering the nature and gravity of the offence, the Superintendent of Police may require the Deputy Superintendent of Police to investigate the case.
(2) No proceeding of a police officer in any such case shall at any stage be called in question on the ground that the case was one which such officer was not empowered under this section to investigate.
Police may investigate a cognizable case without a Magistrate's order
Earlier law: CRPC 156. Police officer’s power to investigate cognizable case. 156(1); 156(2); 156(3); New Sub-Section
(1) When information is given to an officer in charge of a police station of the commission within the limits of such station of a non-cognizable offence, he shall enter or cause to be entered the substance of the information in a book to be kept by such officer in such form as the State Government may by rules prescribe in this behalf, and,—
(i) refer the informant to the Magistrate;
(ii) forward the daily diary report of all such cases fortnightly to the Magistrate.
Non-cognizable cases; mixed cases deemed cognizable under sub-section (4)
Earlier law: CRPC 155. Information as to non-cognizable cases and investigation of such cases.
(a) who commits, in the presence of a police officer, a cognizable offence; or
(b) against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists that he has committed a cognizable offence punishable with imprisonment for a term which may be less than seven years or which may extend to seven years whether with or without fine, if the following conditions are satisfied, namely:—
(i) the police officer has reason to believe on the basis of such complaint, information, or suspicion that such person has committed the said offence;
Arrest without warrant for cognizable offences and its conditions
Earlier law: CRPC 41. When police may arrest without warrant.; 41(2); 41A Notice of appearance before police officer; New Sub-Section
Earlier law: Section 2, CrPC
Example
For example, if A reports at a police station that his motorcycle was stolen, theft being cognizable, the officer must record the information under Section 173 and may start investigating without waiting for a Magistrate's order.
For the exam
- Definition: Section 2(1)(g) BNSS, earlier Section 2(c) CrPC; test is power to arrest without warrant.
- Classification comes from the First Schedule, or the law creating the offence.
- Police may investigate a cognizable case without a Magistrate's order: Section 175 BNSS.
- If any one offence in a case is cognizable, the whole case is deemed cognizable: Section 174(4).
- Preliminary enquiry under Section 173(3) only for 3 to below 7 years, with DSP permission, within 14 days.
380 questions in the Law Maker question bank use this term. Practise Bharatiya Nagarik Suraksha Sanhita questions
Judgments
- Lalita Kumari v. Government of Uttar Pradesh (2013)Registration of an FIR under Section 154 CrPC is mandatory when the information discloses a cognizable offence; a limited preliminary inquiry is allowed only to ascertain whether a cognizable offence is disclosed, in specified kinds of cases.
- Imran Pratapgadhi v. State of Gujarat (2025)The Court quashed an FIR against a Member of Parliament for posting a video with a poem, holding that no offence was made out and that police and courts must protect freedom of speech under Article 19(1)(a).
Related terms
- Non-cognizable offenceAn offence for which a police officer has no authority to arrest without warrant. A case involving such an offence is a non-cognizable case.
- InvestigationAll proceedings under the BNSS for the collection of evidence by a police officer, or by a person other than a Magistrate authorised by a Magistrate.
- Police reportThe report that the officer in charge of a police station forwards to a Magistrate under Section 193(3) of the BNSS when an investigation is completed.
- ComplaintUnder Section 2(1)(h) of the BNSS, an oral or written allegation to a Magistrate, made so that he acts under the Sanhita, that some person, known or unknown, has committed an offence. A police report is excluded.
- Bailable offenceAn offence shown as bailable in the First Schedule to the BNSS, or made bailable by any other law. A person accused of it is entitled to release on bail as of right.
- OffenceAn act or omission made punishable by law. The BNS core meaning is a thing made punishable by the Sanhita; the BNSS meaning covers any law in force.
Further reading
- Lost Your Documents? Police Report and Duplicate Copy Process, Legal Drive
- Police Refused to Register Your FIR? Here Is the Actual Legal Process Now, Legal Drive
- Cognizable offence, LegalFirms glossary
- The Bharatiya Nagarik Suraksha Sanhita, 2023, official text on India Code
- The Code of Criminal Procedure, 1973, official text on India Code
Checked 6 November 2026. Statutory text is quoted from the Bare Acts library, taken from India Code. See the full glossary.