Namaste so now part 2 of our classifications again I repeat we are taking it very very slowly don't worry this is the opening of the course now section 2 clause which B E F or C C is a C cognisable offences remember I'm gonna repeat it so many times okay so a police officer may always remember it's a may a lot of people confuse this with shall may matlab kar sakta hai nahi kar sakta hai but may it is a discretionary arrest without a Well, warrant. Where is the warrant given? Mr. X is coming for you with a warrant, right?
2X, let's see. So, you can rest without a warrant. Okay. Now, what is C? It is said to be cognizable.
By the way, generally speaking, what is cognition? What is the word cognition? So, cognition is basically your sense of the mind. I will make a yogi.
I will make a third eye. What you can hear, you can touch via skin. This is your cognition and the way you perceive the world, everything is controlled by your cognition powers.
Now, a police officer is empowered to start the investigation without warrant because it is of such a serious nature. Now, if the police officer is waiting for such a serious nature offense that the magistrate is going to tell us, then only can I start, then it will defeat the entire... entire preposition of justice you can say now entire premise or what is the point exactly right cognizable offences ke piche ka funda and and when they ask you the main mention such point so that the examiner knows exactly that you know that you have understood why this law is there okay So you can arrest without warrant. Where is the DIA?
Column 4, first schedule. We will take a look at it once. Homework for you. Cognizant and non-cognizant offences. There is no need to add anything now.
Don't worry about it at this stage. Okay. NC.
NC is non-cognizant offences given in section 2L. From 2L, loser type and non-cognizant offences. Police officer has no authority to arrest.
No authority. So what is the authority? It is the magistrate.
What type of magistrate? Judicial Magistrate of the 1st class or 2nd class? Metropolitan Magistrate?
We are going to come to all of that. Don't worry. So each and every word we will need to dissect and see. Okay, I am just trying to open up your mind to ask you how to think about stuff.
Because if you start thinking on your own, you know you can buy all these courses. But you won't do. Nothing much will happen. When you start to think on your own, the magic starts to happen.
Okay, now as a rule, as a rule that you are going to ever, make a rule from today that, Section 2C, 2L, you will not talk about Cognisable and Non-Cognisable offences without Section 156 and 155 What is given in subsection 1 of Section 156? Investigation, can the police officer do in a Cognisable offence? Yes, you can start But in a Non-Cognisable offence, 155, subsection 2 Without the audio of a magistrate, sorry nothing done Nothing So, one more trick to remember, in this race, in the 186-185 race, the non-cognisable losers have won.
This is how I remembered, you know, everything has to be coupled with a trigger. Okay, now, again as a rule, second rule, whenever you will fight a distinction about cognisable and non-cognisable offences, remember we are doing classifications after all, you are never going to miss an opportunity to mention 41, subsection 1 and well, where is 42? 42. Now I write all of this beforehand because otherwise it will take a hell lot of time and you know you get bored. So I tend to make short moves before shooting the lecture.
Okay, 41 subsection 1. Any police officer, any, now notice the beauty of the word, any. Any police officer may arrest you without an order from a magistrate. basically arrest any person and with that conditions are given I think it is A to J if I am not mistaken just check it homework again now see we will get into the details of 41 we have to obviously discuss arrest not right now just have a cursory look at the conditions that have been given under this section as a rule as a rule okay 41 and clause A is talked about the cognitive offense and 41 and A, whenever you say Cognisable, you will mention 156 and 41 clause A also.
From a magistrate, you can arrest basically any police officer can arrest any person without a magistrate if the following conditions are satisfied or if any one of those conditions satisfied. Now whenever you want to discuss about non-cognisable offenses, obviously this is all for prelims as well as mains. When you start writing answers such as this in the mains examiner knows well this guy is fit to be a judge. Alright section 42. Okay the key words are there that you have committed or have been accused of committing a non-cognizable offense in the presence of a police officer and if you don't give your name and residence which he has let us say that you have given your name and residence but the police officer had reason to be reason to believe well you know that this is false information or you refuse to give your name and residence under section 42 even in the case of a non-cognizable offense they can arrest you without the order of a magistrate so therefore always mention whenever you're talking about non-cognizable offenses you cannot escape talking about section 42 this is rule okay okay now when you report a cognizant offense to a police station what is it commonly called is called called a buyer given in 154. and then when do you report a non-cognizable offense non-cognizable report section 155 and the police officer's work is to refer the informant to magistrate mains, you have to write it, it is a standard sure shot question of prelims police officer's work is non-cognizable offense okay 155 clause 4 what is 155 clause 4 doing?
Very simple thing, no need to, I don't think that, you know, it's very imperative to remember this section. But yeah, if, let us say that the same person has been accused of two offences, so one offence falls under the category of non-cognisable offences, and one offence falls under the category of cognisable offences. Then, if the element of non-cognisable offences are there, you, the entire case basically becomes of a cognisable offence and what does cognisable offence section 2 comes into play then 156 comes into play 41 comes into play see how it's a chess board remember why are we studying CRPC so that we know or rather the police also knows what it has to do in the case of a criminal offence right so why are we studying these classifications because these classifications are all CRPC this is that main you know this is that main primary tributary where the Ganga is flowing as a distributing distributor Rest, I will study river when I will know how this distribution is going. Alright, see you, I think about two more class vacations left. See you in the next one.
Take care, bye.