What are cognizable and non-bailable offences?

Always confusing to the persons other than who does regular practice at Criminal Courts.

Because the word is like that which give negative meaning to positive word i.e An act cannot be done without the permission of Judge.

This is a classification on the administrative side and giving power to Judiciary to arrest or not to arrest a person.

Cognizable - There is a word able, that means it is able to take cognizance. So, After taking cognizance by the Judge only one can make out whether there is some evidence or such allegations in FIR would lead to Cognizable Offence. IT depends on the nature of the offence and its impact on Society

Example :-

323 Voluntarily causing hurt. Imprisonment for 1 year or fine of 1,000 rupees, or both. Non-cognizable Bailable

324 Voluntarily causing hurt by dangerous weapons or means. Imprisonment for 3 years, or fine, or both. Cognizable, Bailable

325 Voluntarily causing grievous hurt Imprisonment for 7 years and fine. Non Cognizable Bailable

326 Voluntarily causing grievous hurt by dangerous weapons or means. Imprisonment for life, or imprisonment for 10 years and fine. Non-Cognizable Non-bailable

So Cognizable may bailable or non-bailable and non-cognizable also may be bailable or non-bailable. Usually Cognizable are Non- Bailable and Non-Cognizable are Bailable.

In dictionary meaning Cognizable is perceptible that means noticeable. That is an offence which Judge could hear and order for arrest in relation to that offence. Does it mean that Police cannot notice such things, No? Actually, all the offences must be made cognizable but Judiciary cannot be overburdened. So some of the offences are non-Cognizable and thus many non-cognizable offences are bailable in the court.

Another meaning is that cognizable is within the jurisdiction of the court. I.e to identify an offence and to come to conclusion is within the jurisdiction of the Court. Hence Cognizable i. e A offence can be taken cognizance by the court and then proceed.

Another reason is to check on Police, Anyway only Police has to arrest. So in the non-cognizable offence, so police will arrest naturally when he puts cognizable offence, HE has to take permission from the court to arrest i.e warrant.

Thus non-cognizable is no need of cognizance of court.

Non-Bailable offence

Non-Bailable are that offence where bail should not be granted. But proviso of the section and other provisions of Criminal Procedure Code and Evidence Act enables the court to decide and if there is no prima facie case and the offender abides by the court of Law, then bail is given, otherwise no, so only non-bailable offence. Actually, the definition states that non-bailable means non-bailable and i.e .to avoid overcrowding of Jails, To avoid unnecessary embarrassment to innocent just because of allegations. Bail is given in Non-bailable offence depending on circumstances of the case and discretion of the Court.

Many Cognizable offences like Murder, Grevious hurt with a deadly weapon, Rape is non-bailable. Because the non-bailable offence is deterrent on the offender and cognizable is because police cannot take advantage of such offence and put unnecessarily and it is scrutinised by the judiciary before arresting a person.