LEGAL SHORTS-Bailable and Non-Bailable Offences, Cognizable and Non-Cognizable Offences

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January 20, 2018

Difference between Bailable and Non-Bailable Offences

BAILABLE OFFENCES

NON-BAILABLE OFFENCE

Bailable offence means an offence which is shown as bailable in the First Schedule or which is made bailable by any other Law for the time being in force[1]. Non-Bailable Offence means any other offence[2].
Bailable offences are regarded as less grave and less serious. Bailable offences are grave and serious offences, For example- offence of murder.
Under bailable offences, bail is claimed as a matter of right. Under Non-bailable offences, bail is a matter of discretion.

Difference between Cognizable and Non-Cognizable Offences

COGNIZABLE OFFENCE

NON-COGNIZABLE OFFENCE

Cognizable offence means an offence for which a Police Officer may in accordance with the First Schedule or under any other Law for the time being in force, arrest without warrant[3]. Non-cognizable offence means an offence for which a Police officer has no authority to arrest without warrant.[4]
For cognizable Offences, a Police Officer can take cognizance without permission or order from the Magistrate. For non-cognizable Offences, a Police Officer cannot take cognizance without permission or order from the Magistrate.
If among two or more offences one offence is cognizable then the whole case shall be deemed to be a cognizable case. If among two or more offences one offence is non-cognizable then the whole case shall not be deemed to be a non-cognizable case.
Cognizable offences are offences for which punishment is imprisonment for 3 years or more (First Schedule). Non-cognizable offences are punishable with imprisonment for less than 3 years.

 

[1] Section 2(a) of CrPC

[2] Section 2(a) of CrPC

[3] Section 2(c) of CrPC

[4] Section 2(1) of CrPC