A

PROJECT REPORT

ON

“ARREST IN NON-COGNIZABLE OFFENCES”

IN PARTIAL FULFILLMENT OF THE REQUIREMENT

PRESCRIBED FOR

B.A. LLB (HONS.) SEMESTER-V

Submitted To: Submitted By;

Dr. Sonu Agarwal Name: Tanay Khandelwal

Associate Professor Registration No. : 161401106

MANIPAL UNIVERSITY, JAIPUR

(Dehmi Kalan, Jaipur-Ajmer Highway, Jaipur-303007)

2018

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 ACKNOWLEDGEMENT

I hereby acknowledge the help and support of the teachers, who helped me in compiling this
project. I thank the faculty and management of Manipal University Jaipur, School of Law, as
the resources that were necessary to complete the project were provided by them.
I am highly indebted to my teacher “Dr. Sonu Agarwal” for her guidance and constant
supervision as well as for providing necessary knowledge regarding the subject at hand and
also for her support in completing the project.
I would like to express my gratitude towards my parents and friends for their kind
cooperation and encouragement which help me in completion of this project.

_______________
TANAY KHANDELWAL

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 CERTIFICATE

This is to certify that Mr. Tanay Khandelwal, student of B.A. LL.B. (Hons.) Semester V,
School of Law Manipal University, Jaipur has completed his Code of Criminal Procedure
project work entitled “Arrest in non-cognizable offence” under my supervision and guidance.
It is further certified that the candidate has made sincere efforts for the completion of this
project.

DATE: 30/08/2018
_______________

MS. MONIKA PUNIA

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Contents
NON-COGNIZABLE OFFENCE .......................................................................................................... 5
ARREST IN NON-COGNIZABLE OFFENCES ................................................................................... 6
 WHAT IS ARREST? .................................................................................................................. 6
 WHY IS ARREST OF A PERSON NECESSARY? .................................................................. 7
 ARREST IN NON-COGNIZABLE OFFENCES ....................................................................... 7
BIBLIOGRAPHY ................................................................................................................................. 10
WEBLIOGRAPHY............................................................................................................................... 10

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 NON-COGNIZABLE OFFENCE
Section 2 (l) of Code of Criminal Procedure, 1973 defines non-cognizable offence.
According to it “non-cognizable offence” means an offence for which, and “non-cognizable
case” means a case in which, a police officer has no authority to arrest without warrant. The
offence under Section 493 of the Indian Penal Code under the first schedule to the code, is a
non-cognizable offence.

Schedule I specifies which offences are non-cognizable under the Penal Code and other
statutes. As it is not possible to list all offences under all laws other than the Penal Code
because some offences would be created by enacting new laws and it might be difficult to
amend the Schedule every time such new law is passed-the First Schedule makes a general
rule whereby all offences punishable with less than 3 years have been made non-cognizable.
However this rule can suitably be modified according to any particular need by making a
specific provision in law and declaring a particular offence as cognizable or non-cognizable.
Non-cognizable cases are less grave than Cognizable cases. Non-cognizable offences are less
serious than Cognizable offences. Example- Assault, Cheating. Forgery etc.

A police officer cannot investigate without an order of magistrate in non-cognizable cases.

Exceptions apart, the non-cognizable offences are considered more in the nature of private
wrongs and therefore the collection of evidence and the prosecution of the offender are left to
the initiative and efforts of private citizens. However, if a Judicial Magistrate considers it
desirable that a non-cognizable case should be investigated into by the police, he can order
the police to do so. In that case the police officer will have all the powers in respect of
investigation (except the power to arrest without warrant) as he would have exercised if the
case were a cognizable one.

There is nothing like partly cognizable and partly non-cognizable offence.1 If a case involves
one or more cognizable offence it would be a cognizable case even if the other offence or
offences may be non-cognizable.

Following are some examples of non-cognizable offences.

1. Owner or occupier of land not giving information of riot etc.
2. A public servant disobeying a direction of the law with intent to cause injury to any person.
3. A public servant unlawfully engaging in trade.

1
Vadlamudi v. State of A.P.,AIR 1961 AP

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4. Bribery during elections.
5. Making any false statement in connection with an election.
6. Absconding to avoid service of summons or other proceeding from a public servant, like
where summons or notice require attendance in person etc, in a court of justice.
7. Refusing to take oath when duly required taking oath by a public servant.
8. Obstructing public servant in discharge of his public functions.
9. Giving or fabricating false evidence in a judicial proceeding.
10. False claim in a court of justice.
11. Fraudulent use of false instrument for weighting.
12. Selling any food or drink as food and drink knowing the same to be noxious.
13. Offering for sale or issuing from a dispensary any drug or medical preparation known to have
been adulterated.
14. Voluntarily causing hurt on grave and sudden provocation, not intending to hurt any other
than the person, who gave the provocation.
15. Buying or disposing of any person as a slave.
16. Dishonest misappropriation of movable property, or converting it to one's own use.

ARREST IN NON-COGNIZABLE OFFENCES

 WHAT IS ARREST?
The word arrest has neither been defined in the code nor in the Indian Penal Code nor in any
other enactment dealing with criminal offences. Simply speaking, arrest means taking of a
person in custody under legal authority. Arrest is a restraint of the liberty of a person in order
to compel obedience to the order of the Court of Justice or to prevent the commission of a
crime or to ensure that a person charged with or suspected of a crime may be forthcoming to
answer it.

The purpose of an arrest is to bring the arrestee before a court or otherwise to secure the
administration of law. An arrest also serves the function of notifying the community that an
individual has been accused of a crime and also may admonish and deter the arrested
individual from committing other crimes.

This code propose two types of arrests: (i) arrest made in pursuance of a warrant issued by a
magistrate (ii) arrest made without such a warrant but made in accidence with some legal
provision permitting such arrest.

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  WHY IS ARREST OF A PERSON NECESSARY?
 For securing attendance at trial– Trial of an accused is necessary as it will aid in
determining conviction or acquittal of the accused. Hence, the attendance of the
accused at the time of trial is a mandatory requirement. In order to secure the
attendance of the accused the law provides for arrest of the accused.
 As a preventive measure– If relevant authorities apprehend that there is imminent
danger of commission of crime by a person, then it becomes necessary as a preventive
measure to arrest such person.
 To obtain correct name and address- when a person on being interrogated by a Police
Officer refuses to provide his name and address then under certain circumstances as
specified under Section 42 of Code of Criminal Procedure. This provision provides
for arrest if in the presence of a police officer, a person has committed or has been
accused of committing a non-cognizable offence and on being demanded refuses to
give his name or address.
 Obstructing a Police Officer in Execution of his duty- Whoever obstructs a Police
Officer in execution of his duty is liable to be arrested by the Police Officer
immediately. This is essential for effective discharge of duties of a police officer.
 For retaking a person escaped from custody- Under Section 41(1) (e) of CrPC any
Police officer may without an order from a Magistrate and without a warrant, arrest
any person has escaped, or attempts to escape, from lawful custody.

 ARREST IN NON-COGNIZABLE OFFENCES

Section 42 provides for Arrest on refusal to give name and residence in non-cognizable
offences. This section states that:

(1) When any person who, in the presence of a police officer, has committed or has been
accused of committing a non-cognizable offence refuses, on demand of such officer, to give
his name and residence or gives a name or residence which such officer has reason to believe
to be false, he may be arrested by such officer in order that his name or residence may be
ascertained.

(2) When the true name and residence of such person have been ascertained, he shall be
released on his executing a bond, with or without sureties, to appear before a Magistrate if so
required:

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Provided that, if such person is not resident in India, the bond shall be secured by a surety or
sureties resident in India.

(3) Should the true name and residence of such person not be ascertained within twenty-four
hours from the time of arrest or should he fail to execute the bond, or, if so required, to
furnish sufficient sureties, he shall forthwith be forwarded to the nearest Magistrate having
jurisdiction.

Section 42 specifies where a police officer can arrest a person. According to this section if a
person commits an offence in the presence of a police officer or where he has been accused
of committing a non-cognizable offence and refuses, on demand being made by a police
officer to give his name and residence or gives false name or residence, such person may be
arrested but such arrest shall be only for the limited purpose of ascertaining his name and
residence. After such ascertaining, he shall be released on executing a bond with or without
sureties, to appear before a magistrate if so required. In case the name and residence of such
person cannot be ascertained within 24 hours from the date of arrest or if such person fails to
execute a bond as required, he shall be forwarded to the nearest magistrate having
jurisdiction.

In non- cognizable cases, arrest are made with warrant and the person going to be arrested
have a right to see the warrant under Sec. 75 of CrPC. Warrant of arrest should fulfil certain
requirements such as it should be in writing, signed by the presiding officer, should have seal
of court, Name and address of the accuse and offence under which arrest is made. If any of
these is missing, warrant is illegal.

Conditions for application of Section 42:

1. Under this section, a person may be arrested, without warrant, by a police officer,
only if the following conditions are satisfied;2
a) Such person must (i) have committed a non-cognizable offence in the presence
of such police officer, or (ii) have been accused before such officer of having
committed a non-cognizable offence.

2
State v. Fateh (1980) ALJ 9 (12).

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 b) On demand by such police officer, such person (i) refuses 3 to give his name
and address or (ii) gives a name or residence which such officer has reason to
believe to be false.
2. Hence there can be no arrest in this section –
a) Where there is no demand by police officer or no refusal by such person to
give his name or residence.4
b) Where the offence is cognizable.5
c) If the person in whose presence the offence is committed or the allegation is
made, is not a ‘police officer’
d) The object of arrest under the present section being to ascertain the name and
address of such person, if the police officer was already aware of the name and
address of such person, he cannot arrest the person under this section; in such
a case, he can be arrested only after obtaining a warrant.6
e) Even though the arrest be justified under this section, the police officer may be
liable if he commits any other offence, e.g., under s. 504, I.P.C., for using
abusive language.
3. The object of the section being to ascertain the identity of person, he is to be released
on execution of a bond for appearance, as soon as his name and address are
ascertained after arrest. On the other hand, if, even after the arrest, it is not possible to
ascertain his name and address, he cannot be kept under police custody beyond hours,
but should be produced before a magistrate.

3
Emp. V. Goolab (1903) 5 Bom LR 597.
4
Devki v. Emp. AIR 1941 Lah 422(425).
5
Devki v. Emp. AIR 1941 Lah 422(425).
6
Gopal v. Emp. (1922)46 Mad 605(625) FB

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 BIBLIOGRAPHY
1. The Code of Criminal Procedure, 1973
2. R.V. Kelkar; Criminal Procedure; Eastern Book Company; 5th Edition 2011
3. Ratanlal and Dhirajlal; The Code of Criminal Procedure; Lexis Nexis; 20th Edition 2015

WEBLIOGRAPHY
1. https://lawschoolnotes.wordpress.com/2017/08/18/provisions-relating-to-arrest-under-
crpc/ ON 22/8/2018 @ 8:05 P.M.
2. http://www.helplinelaw.com/employment-criminal-and-labour/CCPC/cognizable-
offence-criminal-procedure-codecrpc.html ON 22/8/2018 @ 8:25 P.M.
3. http://lawcommissionofindia.nic.in/reports/177rptp2.pdf ON 22/08/2018 @ 8:45
P.M.
4. https://www.vakilno1.com/legal-news/rights-arrested-person.html ON 22/08/2018 @
9:10 P.M.
5. http://racolblegal.com/arrest-procedure-and-rights-of-arrested-person-in-india/ ON
22/08/2018 @ 9:10 P.M.

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