Lecture Notes: Cognizable and Non-Cognizable Offences

Introduction

Definition: Offences where a police officer may arrest without a warrant.
Key Points:
- The term "may" indicates discretionary power, not obligatory.
- Cognition relates to the mind's perception and understanding of the world.
- Serious nature of cognizable offences allows police to start investigations without waiting for a magistrate's directive.

Definition: Offences where police do not have the authority to arrest without a magistrate's order.
Key Points:
- Authority to arrest lies with the magistrate, specifically a Judicial Magistrate of the 1st or 2nd class or a Metropolitan Magistrate.
- Section 2L outlines non-cognizable offences.

Section 156:
- Subsection 1: Police can investigate cognizable offences.
- Subsection 2: Police cannot investigate non-cognizable offences without a magistrate's permission.
Section 41:
- Subsection 1: Any police officer may arrest without a magistrate's order under specified conditions (A to J).
- Cognizable Offences: Must mention Section 156 and 41 clause A during discussion.
Section 42:
- Addresses non-cognizable offences, allowing police to arrest without a magistrate's order if:
  - An individual has committed or is accused of a non-cognizable offence in the police officer's presence.
  - The accused refuses to provide name and residence.

Cognizable Offence Reporting:
- Reported at a police station through a "First Information Report" (FIR) per Section 154.
Non-Cognizable Offence Reporting:
- Reported under Section 155 and the officer refers the informant to a magistrate.

Section 155 Clause 4:
- If a person is accused of both cognizable and non-cognizable offences, the case is treated as a cognizable offence.

Understanding these classifications is essential for legal studies, aiding police actions in criminal cases.
Encouragement to think critically about the material.
Reminder of homework and preparation for future classes.