Code:
- (1) 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 offence, 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 by rules prescribe in this behalf, and,—
(i) refer the informant to the Magistrate;
(ii) forward the daily diary report of all such cases fortnightly to the Magistrate.
(2) No police officer shall investigate a non-cognizable case without the order of a
Magistrate having power to try such case or commit the case for trial.
(3) 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 - (4) Where a case relates to two or more offences of which at least one is cognizable,
the case shall be deemed to be a cognizable case, notwithstanding that the other offences
are non-cognizable.
Explanation:
This section deals with the procedure for handling non-cognizable offenses. It outlines the steps a police officer must take when they receive information about a non-cognizable offense.
- Recording Information: When an officer in charge of a police station receives information about a non-cognizable offense within their jurisdiction, they must record the substance of the information in a designated book. This book must be maintained in the format prescribed by the State Government.
- Referring the Informant: The officer must then refer the informant to a Magistrate.
- Forwarding Daily Diary Report: Fortnightly, the officer must send a report of all such cases to the Magistrate.
- Investigating a Non-cognizable Case: No police officer can investigate a non-cognizable case without a specific order from a Magistrate who has the authority to try the case or commit it for trial.
- Powers of Investigating Officer: If a police officer receives an order from the Magistrate to investigate, they can exercise the same powers in respect of the investigation as an officer in charge of a police station may exercise in a cognizable case, except the power to arrest without a warrant.
- Cases with Both Cognizable and Non-Cognizable Offenses: If a case involves two or more offenses, with at least one being cognizable, the entire case is considered cognizable regardless of the other offenses.
Illustration:
Imagine someone reports a case of theft of a small amount of money. This might be considered a non-cognizable offense. The police officer would record the information in the designated book, refer the informant to a Magistrate, and forward the daily diary report. The officer could not investigate the case further unless a Magistrate issued an order for investigation.
Common Questions and Answers:
Q: What is a non-cognizable offense?
A: A non-cognizable offense is an offense that is not considered serious enough for the police to make an arrest without a warrant. Examples include minor assaults, petty theft, and defamation.
Q: Why does a police officer need a Magistrate’s order to investigate a non-cognizable case?
A: The law considers non-cognizable offenses relatively less serious. Therefore, a Magistrate’s order is required to ensure that resources are not unnecessarily allocated to such cases.
Q: What happens if a case involves both cognizable and non-cognizable offenses?
A: If a case involves both cognizable and non-cognizable offenses, the entire case is treated as a cognizable case due to the presence of a cognizable offense. This allows the police to investigate the entire case without needing a Magistrate’s order for the non-cognizable offenses.
