With reference to the differences between Cognizable offences and non-Cognizable offences, consider the following statements:
1. In contrast to non-cognizable offenses, cognizable offenses empower the police to detain a suspect without requiring a warrant.
2. Every cognizable offense allows for bail, while all non-cognizable offenses do not permit bail.
3. Typically, non-cognizable offenses are of a less severe nature when compared to cognizable offenses.
Which of the statements given above is/are correct?
Ans) c
Explanation:
In India, the primary legislation governing criminal trials is the Criminal Procedure Code, 1973 (Cr.PC) in conjunction with the Indian Evidence Act, 1872.
Statement 1 CORRECTLY describes the distinction between cognizable and non-cognizable offenses. Cognizable offenses, such as murder, rape, theft, rioting, robbery, and sedition, empower the police to investigate and arrest without a warrant, whereas non-cognizable offenses, like assault, cheating, forgery, defamation, public nuisance, require a warrant for arrest.
Statement 2 INCORRECT. Cognizable offenses can be either bailable or non-bailable, while non-cognizable offenses are generally bailable. In bailable offenses, bail can be granted as a matter of right, while for non-bailable offenses, the judge assesses the circumstances to decide whether bail should be granted.
Statement 3 correctly asserts that non-cognizable offenses are typically less serious in nature, encompassing crimes like assault, cheating, forgery, defamation, and public nuisance. Cognizable offenses, as per Section 2(c) of the Criminal Procedure Code, 1973 (CrPC), encompass serious crimes punishable by death, life imprisonment, or imprisonment exceeding 3 years.