m-jeri said:
^^
I dont know much abt law. but i thght cognizable is for offensive stuff like murder and what nots?.
and how do u differentiate NC and this one?. so i can just file any case under this?. then why such a category as NC? i am asking coz waiting for the court warrant and all is
like meh. police can take action right away. Or does that come under police brutality or something.
I know its OT.. but curious. cant ask family lawyers abt this. :S.
Lol..... No, it doesn't go like that..... :hap5:
Let me explain:
N.C. means Non Cognizable Offence: It is just like a record kept by the police. So, when u file a NC complaint, it is recorded & the job of the Police practically ends there. Thereafter, if u go to court with the matter & the court issues orders to that effect, only then, the Police may arrest the person against whom u have lodged the complaint. Thus, in case of N.C. the Police cannot arrest a person without orders of the court, i.e. without a Court warrant and can investigate into the case only on the express directions of the court to that effect.
Cognizable Offence: In case of a cognizable offence, the Police need to take cognizance of the offence by themselves. They need not wait for the complainant to approach the court & the court to issue a warrant to that effect.
All offences under IPC are cognizable except the following:
Section 323: Voluntarily causing hurt.
Section 504: Intentional insult with intent to provoke breach of the peace.
Section 506: Criminal Intimidation.
Generally, the Police try to take any complaint in the form of a NC so as to avoid immediate action on their part. But if u have reason to believe that any offence committed against you is of a nature that needs immediate cognizance, u can insist on a cognizable complaint. It's your right.
So, u see, Cheating under Section 415 is also a cognizable offence.
P.S.: There is no such thing as Police Brutality. I Respect & Trust the IPS (& that is where I am headed). I expect u to do the same!
I know all this is OT but I thought it best to shed some basic legal knowledge here so that it may benefit the common junta.
Mods may please feel free to delete this post if they find it irrelevant.