Question

In the case of Cognizable offence,

• A. police require permission from the Court to arrest
• B. police can arrest without warrant
• C. it is a negligible offence
• D. police cannot take action as the offence is committed by a minor

Hint:

Remember:
- Cognizable = Serious offense = Arrest without warrant.
- Non-Cognizable = Minor offense = Arrest only with warrant.
This simple comparison is fundamental to understanding criminal law.

Answer 1

The Correct Option is B

Step 1: Understanding the Question:
The question is based on Criminal Law, specifically the classification of offenses.
We need to define a "cognizable offense" and identify the powers of the police in such cases.

Step 2: Key Concept or Approach:
Under Indian criminal law, offenses are classified into Cognizable and Non-Cognizable based on their severity.
A cognizable offense is a serious category of crime that requires immediate police intervention.

Step 3: Detailed Explanation:

• According to

Section 2(c) of the Code of Criminal Procedure (CrPC), 1973 (and corresponding provisions of BNSS, 2023):
- A cognizable offense is an offense in which a police officer may, in accordance with the First Schedule or under any other law, arrest the accused without a warrant.

• In such cases, the police can also start an investigation without the prior permission of a Magistrate.

• Examples of cognizable offenses include murder, rape, theft, kidnapping, and dacoity.

• Let us evaluate the options:
-

Option (A): "police require permission..." - This is false. This requirement applies only to non-cognizable offenses.
-

Option (B): "police can arrest without warrant" - This is correct and defines a cognizable offense.
-

Option (C): "it is a negligible offence" - This is false. Non-cognizable offenses are typically less serious; cognizable offenses are major/grave crimes.
-

Option (D): "police cannot take action..." - This is false. Age of the offender does not prevent the police from registering the offense or initiating custody procedures under juvenile justice laws.


Step 4: Final Answer:
In a cognizable offense, the police have the authority to arrest without a warrant, which corresponds to Option (B).