1.Introduction
On the basis of the seriousness of the offence, they can be classified in the following ways.
Bailable and non bailable offence
Cognizable and non cognizable offence
Compoundable and non compoundable offence
A. Bailable offences are those offences in which the accused has the right to get bail. When such a crime occurs, the SHO cannot deny bail to the accused.
Non-Bailable offences are those offences in which SHO of a police station cannot give bail to the accused except in exceptional circumstances. Only courts are empowered to give bail to the accused.
B. Cognizable offences are those offences in which it is mandatory for the SHO to register the case at the police station. He can arrest the accused without warrant and investigate the case without the prior court order. Cognizable offences are generally heinous in nature. The seriousness of the offence depends upon the maximum punishment provided for the offence. By and large, offences punishable with imprisonment for not less than three years are taken as serious offences and have been put under cognizable offences. These are murder, rape, kidnapping, theft, dowry death, waging war against the Government of India, criminal breach of trust, unnatural sex under section 377 IPC.
Non-Cognizable offences are those offences which cannot be registered without the permission of the court having the jurisdiction over the police station. Police cannot arrest the accused without a warrant. Nor can it start the investigation. These offences are non serious in nature. Offences relating to marriage u/s 493-497 IPC are punishable for more than 5 years, they are non-cognizable offences because they are in the nature of private wrongs. The crimes of cheating u/s 417, forgery u/s 465, assault u/s 352, defamation u/s 500, causing miscarriage u/s 312, voluntarily causing hurt u/s 323, come under non-cognizable offence.
It may be noted that certain offences which are not punishable with imprisonment for three years or more have been made cognizable. Offences against the public tranquillity under chapter 8 of IPC are punishable less than three years of imprisonment yet they have been made cognizable. Similarly, negligently doing any act to spread infection of any disease being dangerous to life u/s 269-270, offence of defiling water of public spring u/s 277 or offence of dealing with any poisonous or explosive substance so as to endanger human life u/s 284,285,286 IPC or uttering any word or gesture to insult the modesty of woman u/s 509 of IPC have been made cognizable even though the punishment provided for them is not severe.
Similarly, under the protection of civil rights act 1955, the punishment is 6 months or /and with fine, but offences under this act have been made cognizable.
2.Powers of the Police Officers to investigate a non cognizable offence
The Police officer is not authorised to register the case in non cognizable offence.
The police cannot arrest any person without warrant in matters relating to a non cognizable offence. Nor can it initiate investigation on its own.
The police officer must seek an order from the magistrate u/s 155(2) Crpc to initiate the investigation of the case. In the case of K P Mohammand vs State of Kerala (1981), the Supreme Court held that “if a police officer investigates a non cognizable offence without the prior order of the magistrate, it may be considered as violative of article 21 of the constitution.” The court held that “if a breach is not noticed at an early stage and the trial is concluded, the defect or illegality of investigation would not vitiate trial, unless it causes prejudice to the accused and results in the miscarriage of justice in terms of section 465 of Crpc.”
However, when two or more offences have occurred in which one case pertains to cognizable offence and other offences are under the category of non-cognizable, the entire case will be treated as cognizable offence and police are not required to take permission from the magistrate to lodge FIR or register and investigate the case.
It is open to the magistrate either to grant permission or refuse to grant permission in such cases. Where he permits for the initiation of investigation, he will have to give a speaking order as to the reason for his permission in detail.
The magistrate can be approached either by the complainant or the concerned SHO of the police station in matters relating to non cognizable offences.
If a magistrate is not empowered and erroneously orders in good faith an investigation u/s 155(2), the proceedings shall not be set aside merely on the ground of his not being so empowered according to section 460 (b) of Crpc.
It will be unlawful for the SHO to register the FIR in non-cognizable offence and then approach the magistrate having jurisdiction for permission.
Once the magistrate has permitted to register the case in non- cognizable offence, the SHO will register a first information report and will send a copy of the report to the magistrate having jurisdiction u/s 158 of the Crpc. The report should be sent to the magistrate without any delay. However, the police will not arrest the accused without a warrant.
3.Difference between grievous hurt and simple hurt ?
U/s 319, hurt is defined to voluntarily cause bodily pain, disease or infirmity to any person.
U/s 320, grievous hurt is defined as the hurt of the following kinds -
Emasculation
Permanent privation of the sight of either eye
Permanent privation of the hearing of either ear
Privation of any member or joint
Destruction or permanent impairing of the powers of any member or joint.
Permanent disfiguration of the head or face.
Fracture of dislocation of a bone or tooth
Any hurt which endangers life or which causes the sufferer to be during the space of 20 days in severe bodily pain or unable to follow its ordinary pursuits.
If the hurt is not covered u/s 320 Crpc, they are simple hurts or injuries.
4.Kinds of wounds
A wound is an injury that breaks the skin or other bodily tissue.
Wounds can be of two kinds - open and closed. In the open wound the skin is broken and the body tissues are exposed. In the closed wound, tissues are damaged underneath the skin.
In the open categories of wounds, mentions may be made about by sharp edged weapon like Punctured wound, Incised wound and Surgical wound
a. Thermal, chemical, and electric burns
b. Bites and Stings
c. Gunshot wounds
Wounds caused by blunt force/weapon -
A .Abrasions
B .Laceration
C .Skin tears
Closed wounds are caused by blunt force. Though the injured tissue is not exposed there can be bleeding and damage to the underlying muscle, internal organs and bones.
Measure types of closed wounds are -
A. Contusions or bruises
B. Blisters
C. Seroma
D. Hematoma
E. Crushed injuries
The other closed wounds are caused by ulcer on account of diabetes mellitus and cancer
5.Conclusion
As we have narrated above, the police cannot deny to register the case with regard to open wounds caused by sharpened edged weapons or otherwise like burns or gunshot injuries. But where the complainant or the injured person got closed wounds like contusions or bruises or seroma, hematoma, blisters or crush injuries, the police adopt the dilly-dally tactics and register the case u/s 155 of Crpc. The substance of the case is entered into the non cognizable register and a copy of the said report is given to the complainant for lodging his complaint in the court. Where the complainant is resourceful and politically powerful, the police register converts non cognizable offences into cognizable offences by adding sections 294, 506 B of IPC. Thus, in the non cognizable offence which is also called miscellaneous offence, the police uses its discretionary power. The doctor converts serious injury into simple injury. And the outcome is that in most of the cases, the poor, the downtrodden or illiterate people of India suffer. It is, therefore, incumbent upon the supervisory officer to inspect the non cognizable register and the medical examination report kept at every police station. By the vigilant action of the supervisory and superior police officer, the poor and the illiterate people of India can get justice. Moreover, it is high time that both cognizable and non-cognizable offences should be merged into one, thereby, doing away with the malpractices by police officers at police stations in the name of differentiation between cognizable and non-cognizable offences. Sooner the Parliament makes the law on this behalf, the better would be the prospect of getting justice by the common people who are the acute sufferers.
