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Unlike in case of non-cognizable offence one can only make a complaint to the magistrate.
What is an non cognizable report. Non-Cognizable offenses are not much serious in nature. Difference between cognizable or non cognizable offence. Police cannot take immediate action like arrest and investigation after having the Information of those offences via GD or FIR Police do.
NON COGNIZABLE OFFENCES. All cognizable offences are non-bailable due to their serious and heinous nature. On the contrary non-cognizable offences include offences like forgery cheating assault defamation and so forth.
For a cognizable offence one can file FIR or make a complaint to the magistrate. Such complaints are mainly of abuse threats assault with handskicks pushing causing simple hurt etc. AMIT - 18 May 2013.
The Police have no powers to investigate such complaint. However i have not seen non-cognizable report coming to magistrate during my practise years. A non-cognizable offence is an offence where a police officer is not authorized to arrest in the absence of a warrant.
In the cases of offences under any penal law the offence which is punishable with imprisonment for three years or more the offence is cognizable and if the punishment is imprisonment for less than three years then the offence is non- cognizable. This can be both legal and illegal. Non-Cognizable offenses are not much serious in nature.
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. 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. Non-cognizable offence means an offence for which and non-cognizable case means a case in which a police officer without any warrant has no authority to arrest.
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