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 prescribe in this behalf, and refer the informant 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 procedures to be followed by police officers when they receive information about the commission of a non-cognizable offense. A non-cognizable offense is an offense where the police do not have the power to arrest a person without a warrant.
When a police officer receives information about a non-cognizable offense, they are obligated to:
- Record the information: This includes details of the offense, the informant, and any other relevant information.
- Investigate the information: This may involve questioning witnesses, examining the scene of the crime, and collecting evidence.
- Submit a report to the Magistrate: The police officer must submit a report to the Magistrate outlining their investigation and findings. The Magistrate will then decide whether or not to issue a warrant for the arrest of the accused.
Illustration:
Let’s say someone files a complaint with the police about a neighbor’s loud music that is disturbing their peace. This would likely be considered a non-cognizable offense, as it is not a serious crime. The police officer would be obligated to record the information, investigate the matter (perhaps by visiting the neighbor’s house and asking them to turn down the music), and then submit a report to the Magistrate. The Magistrate would then decide whether or not to issue a warrant for the arrest of the neighbor.
Common Questions & Answers:
Q: What are some examples of non-cognizable offenses?
A: Some examples include:
Trespassing
Minor assault
Dishonest misappropriation of property
Cheating
Q: What happens if the police officer refuses to investigate a non-cognizable offense?
A: The informant can file a complaint against the police officer with the Superintendent of Police or the Magistrate.
Q: Can the police arrest someone for a non-cognizable offense?
A: No, the police cannot arrest someone for a non-cognizable offense without a warrant. A warrant must be issued by a Magistrate based on the police officer’s report.
