Complaint in the case of the Non-Cognizable Offence by Sonam Narayan

As we all know that the FIR can be only filed in the case of an offense of a cognizable nature. So the FIR is filed for the cognizable offense then what is the procedure for filing the complaint about the non – cognizable offense?

The non-cognizable offenses are those offenses which are not the cognizable offense. In non-cognizable offenses, the informant has to approach the officer in charge, who then enters such information in his book (format prescribed by the State Government).https://www.helplinelaw.com/employment-criminal-and-labour/FIR/all-about-filing-a-complaint-and-lodging-fir%E2%80%99s.html The provision of the complaint is defined under section 2(d) of the CrPC. The mode of giving the complaint can be orally and written. As per section 202 of the CrPC, the magistrate can either start the inquiry himself or can direct can police officer to do the investigation. It can be filed by any person where to some extent there can be exceptions.  In the case of the non-cognizable offense, the police cannot arrest without a warrant from the magistrate. Section 156(3) Cr. P.C – If the police refuse at any point to register an offense, the aggrieved person can approach the Ld. Magistrate by making an application u/s 156(3) Cr. P.C in order to present its case before the Magistrate so that a direction can be given by the Magistrate to the police authorities to take cognizance of the case. Before approaching the Magistrate, the aggrieved person will have to comply with 154(3) i.e. to inform the S.P/DCP about the complaint and request him to take cognizance of the offense as the Police officials subordinate to him are refusing to do so.https://www.mondaq.com/india/crime/691420/criminal-investigation-for-trial

For starting the investigation in the case of the non-cognizable offense it is very necessary that the magistrate or the court gives them permission to do so. Without the permission of the court, the police cannot investigate the matter of the non-cognizable offense. Section 155 briefly explains this point it states that the When information is given to an officer in charge of a police station of the commission within the limits of such station of a non-cognizable offense, he shall enter or cause to be entered the substance of the information in a book to be kept by such officer in such form as the State Government may prescribe in this behalf, and refer, the informant to the Magistrate. No police officer shall investigate a non-cognizable case without the order of a Magistrate having the power to try such a case or commit the case for trial. Any police officer receiving such order may exercise the same powers in respect of the investigation (except the power to arrest without warrant) as an officer in charge of a police station may exercise in a cognizable case. Where a case relates to two or more offenses of which at least one is cognizable, the case shall be deemed to be a cognizable case, notwithstanding that the other offenses are non-cognizable. Non-cognizable is mainly minor offenses. The non-cognizable offenses are mainly punishable for less than one year. But if the accused is charged with both cognizable as well as the non-cognizable offense then in that case it shall not be treated as a non-cognizable offense.

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