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Therefore the police will not conduct any enquiry in a non-cognizable case.
What is a non cognizable report. In case of a non-cognizable offence the police cannot arrest the accused without a warrant as well as cannot start an investigation without the permission of the court. The Code of Criminal Procedure is proposed to present a method for enforcement of Criminal Law. Non-Cognizable offences are those which are lessserious in nature.
If a police officer refuses to lodge an FIR because the case does not fall within their jurisdiction deals with an offense which is non-cognizable in nature or it is outside their legal capacity to take cognizance of such an offense in such circumstances the refusal to lodge an FIR is legitimate and justified. In cases where they dont have jurisdiction or is not in their legal capacity to take cognizance or the offence is of non-cognizable nature it. Your complaint is for a cognizable offence but when the police do a preliminary investigation they find that it is a non-cognizable offence glossary.
A non-cognizable offence is punishable with the imprisonment of less than 3 years or with fine only. The crimes of forgery cheating. The Police have no powers to investigate such complain.
In this type of crimes a criminal complaint is lodged with the metropolitan magistrate who is supposed to order the concerned police station to. It is the offence listed under the first schedule of the Indian Penal Code and is bailable. Non-Cognizable offenses are not much serious in nature.
For a cognizable offence one can file FIR or make a complaint to the magistrate. Sometimes police is unwilling to register a FIR whenever someone complaints about the commission of an offence. According to the First Schedule of Indian Penal Code the offences such as culpable homicide murder theft and rape are classified into cognizable offences and bailable offences are classified as non-cognizable offences.
A non-cognizable offence has been defined in Section 2l of Criminal Procedure Code 1973. This is exactly opposite to the FIR. Unlike in case of non-cognizable offence one can only make a complaint to the magistrate.
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