Ans:
Explanation:
Offence: The term offence has been defined in the criminal procedure code as,
“Any act or omission made punishable by any law for the time being inforce. It also includes any act in respect of which a complaint may be made under section 20 of the Cattle Trespass Act 1871, Sec.(4o).
According to Section (40) of PPC:
Offence denotes a thing made punishable by the Pakistan Penal Code.
So the term “Offence” includes a contempt of court being an act punishable under the contempt of court act. But it does not include neglect to maintain one’s wife and children for an order by a Magistrate to a certan person to pay certain amount of money for their maintenanace does not amount to his conviction.
Cognizable Offence & Cognizable Case:
According to Sec 4(f) of the code:
“Cognizable offence means an offence for and “congnizable case” means a case in which a Police Officer may in accordance with the second schedule or under any law for the time being enforce arrest w/o warrant.
Analysis:
Police Officer: The term “Police Officer” used in the definition of cognizable offences does not mean any Police Officer, but a Police Officer of a certain rank only.
Second Schedule: The second schedule attached to the code catalogues a list of offences in column III showing as to whether the Police may arrest w/o a warrant or not. It appears from the list that cognizable offences are generally more serious offences, which are heavily punishable. In such cases the police have hardly any time or opportunity to obtain a warrant of arrest from court for the offence. Being serious the offender might escape by the time a warrant is obtained or temper with material evidence. Example of cognizable offences are murder, cupable homicide, dacoity etc.
Non-Cognizable Offences & Non-Cognizable case:
According to Sec.4(n) of the code:
Non-Cognizable offence means an offence for and non-cognizable case means a case in which a Police officer may not arrest without warrant of arrest.
So, non-cognizable offences are minor offences, where the injury done for the society is comparatively small and such the aggrieved party is expected to lodge a complaint before criminal proceedings are initiated. Causing simple hurt is thus a non-cognizable offence.
Difference between cognizable and Non-cognizable offences:
· Congnizable offences are usually serious offences, while non-cognizable offences are usually lighter ones.
· In a cognizable offence the Police may arrest without a warrant of arrest whereas in non-cognizable offence police may not arrest without warrant.
· In a cognizable offence the police may not only arrest without warrant but has a duty to investigate a case without seeking any permission for the same, while the Police may investigate a non-cognizable offence only when so ordered or sanctioned by a Magistrate.
· Proceedings in non-cognizable case start by means of complaint but no complaint need be made in cognizable case.
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