Cognizable offence
Also called: non-cognizable offence
An offence for which the police can register an FIR and arrest without a warrant from a magistrate, usually a more serious offence. The First Schedule of the BNSS says which offences are cognizable.
Offences are divided into cognizable and non-cognizable. For a cognizable offence, such as theft, cheating, hurt or most offences against women, the police must register a First Information Report and can investigate and arrest without first going to a magistrate.
The law behind it
Section 2(1)(g) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) defines a cognizable offence as one for which a police officer may arrest without warrant under the First Schedule or any other law. Section 2(1)(o) defines a non-cognizable offence as one where the officer has no such power. These replaced Sections 2(c) and 2(l) of the old CrPC. The First Schedule lists, for each offence under the Bharatiya Nyaya Sanhita, 2023, whether it is cognizable, bailable, and which court tries it.
Why it matters to you
- If the offence is cognizable, the police must register an FIR when you report it.
- If it is non-cognizable, the police record it and refer you to the Magistrate; they cannot investigate without the Magistrate's order.
- Whether an offence is bailable is a separate question; many cognizable offences are bailable.
Arrest
Arrest is not automatic even for cognizable offences. For offences punishable with up to seven years, the police must generally issue a notice of appearance instead of arresting, unless the conditions in Section 35 of the BNSS are met.
Checked against the sources below on 7 November 2026 IST. General information about Indian law, not legal advice for your case.