Non-cognizable offence
Also called: Non-cognizable case
An offence for which a police officer has no authority to arrest without warrant. A case involving such an offence is a non-cognizable case.
Explained
Section 2(1)(o) of the BNSS defines a non-cognizable offence as an offence for which, and a non-cognizable case as a case in which, a police officer has no authority to arrest without warrant. The definition is the mirror image of a cognizable offence under Section 2(1)(g). Whether a particular offence is cognizable is found from the First Schedule to the BNSS, or from the special law that creates the offence. Earlier the same definition stood in Section 2(l) of the CrPC.
The procedural consequences follow from Section 174 of the BNSS. When information about a non-cognizable offence committed within the limits of a police station is given to the officer in charge, he must enter its substance in the prescribed book, refer the informant to the Magistrate, and forward the daily diary report of all such cases fortnightly to the Magistrate. Under Section 174(2) no police officer may investigate a non-cognizable case without the order of a Magistrate having power to try the case or commit it for trial. An officer so authorised may exercise the powers of investigation available in a cognizable case, except the power to arrest without warrant.
Two rules are frequently tested. First, under Section 174(4), where a case relates to two or more offences and at least one is cognizable, the whole case is deemed to be a cognizable case. Second, under the Explanation to Section 2(1)(h), a police report which, after investigation, discloses only a non-cognizable offence is deemed to be a complaint, and the police officer who made it is deemed to be the complainant. Section 35(2) also bars arrest of a person concerned in a non-cognizable offence except under a warrant or order of a Magistrate, subject to Section 39.
Examiners also test the distinction from bailability. A non-cognizable offence is not necessarily bailable, and a cognizable offence is not necessarily non-bailable. The two classifications answer different questions: arrest without warrant on one hand, and bail as of right on the other.
What the law says
(o) “non-cognizable offence” means an offence for which, and “non-cognizable case” means a case in which, a police officer has no authority to arrest without warrant;
Clause (1)(o) defines the term; clause (1)(h) Explanation deems such police report a complaint
Earlier law: CRPC 2. Definitions.
(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.
Procedure on information about non-cognizable cases and investigation on Magistrate's order
Earlier law: CRPC 155. Information as to non-cognizable cases and investigation of such cases.
(2) Subject to the provisions of section 39, no person concerned in a non-cognizable offence or against whom a complaint has been made or credible information has been received or reasonable suspicion exists of his having so concerned, shall be arrested except under a warrant or order of a Magistrate.
(3) The police officer shall, in all cases where the arrest of a person is not required under sub-section (1) issue a notice directing the person 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, to appear before him or at such other place as may be specified in the notice.
(4) Where such a notice is issued to any person, it shall be the duty of that person to comply with the terms of the notice.
Sub-section (2) bars arrest without warrant or Magistrate's order
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, Section 155, CrPC
Example
For example, if information is given at a police station about a non-cognizable offence alone, the officer records its substance and refers the informant to the Magistrate; he can investigate only after the Magistrate orders it.
For the exam
- Defined in Section 2(1)(o) BNSS; earlier Section 2(l) CrPC.
- Police cannot arrest without warrant and cannot investigate without a Magistrate's order (Section 174(2) BNSS).
- Informant is referred to the Magistrate; daily diary report goes to the Magistrate fortnightly (Section 174(1)).
- If even one offence in the case is cognizable, the whole case is cognizable (Section 174(4)).
- A police report disclosing only a non-cognizable offence is deemed a complaint (Explanation to Section 2(1)(h)).
108 questions in the Law Maker question bank use this term. Practise Bharatiya Nagarik Suraksha Sanhita questions
Related terms
- Cognizable offenceAn 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.
- 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.
- 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.
- 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
Checked 6 November 2026. Statutory text is quoted from the Bare Acts library, taken from India Code. See the full glossary.