The Distinction Between "Cognizable Offence" And "The Curial Act Of Taking Cognizance Of An Offence"

INTRODUCTION I retired from the High Court of Kerala in the year 2012. When once the S.H.O registers an FIR, the offence being a "cognizable offence", the S.H.O has the authority under Section 156 Cr.P.C to conduct investigation of such offence without the order of a Magistrate. In the case of a "non-cognizable offence", apart from the fact that a police officer has no authority to arrest the offender without a warrant, he cannot also register an FIR or conduct investigation without the order of the Jurisdictional Magistrate in view of sub-section of Section 155 Cr.P.C. Where the complaint alleges the commission of both cognizable and non-cognizable offences, then, by virtue of Section 2 read with Section 155 Cr.P.C it should be treated as a "cognizable case" and consequently, the S.H.O derives power under Section 156 Cr.P.C to investigate the case without the order of the Magistrate concerned. But, it may be noted that this was not strictly a "cognizable case" within the meaning of Section 155 Cr.P.C because the offence punishable under Section 494 IPC apart from being non-cognizable was one which could be taken cognizance of only on a complaint.