There are two types of offences – cognizable offences and non-cognizable offences. The expression “cognizable offence” has been defined in Section 2(c) of Cr.P.C. as under:
“(c) “cognizable offence” means an offence for which, and “cognizable case” means a case in which, a police officer may, in accordance with the First Schedule or under any other law for the time being in force, arrest without warrant;”.
And, a “non-cognizable offence has been defined in Section 2(l) as under:
“(l) “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;”.
In cognizable offences, the police has the power to register F.I.R. under Section 154 of Cr.P.C. on the basis of the complaint given, and conduct the investigation without permission from the court. In such an offence, the police also has the power to arrest the accused person without warrant from the court.
But, in non-cognizable offences, the police cannot register the F.I.R. and it cannot conduct the investigation without orders of the court; also it cannot arrest the accused person without warrant from court. In such non-cognizable cases, the complainant has to file a complaint directly with the court and such complaint is generally called “private complaint”.
Likewise, even in cognizable offences, many a time, the police may refuse to register the FIR on one or other ground. In such a situation also, the complainant may file the complaint in the court, which is also known as “private complaint”.
Thus, a “private complaint” basically means a complaint which is directly filed by the complainant in the court. The Magistrate has the power to take cognizance of such private complaint under Section 190(1)(a) of the Cr.P.C., which is reproduced below:
“190. Cognizance of offences by Magistrates.— (1) Subject to the provisions of this Chapter, any Magistrate of the first class, and any Magistrate of the second class specially empowered in this behalf under sub-section (2), may take cognizance of any offence—
(a) upon receiving a complaint of facts which constitute such offence;
(b) upon a police report of such facts;
(c) upon information received from any person other than a police officer, or upon his own knowledge, that such offence has been committed.
(2) The Chief Judicial Magistrate may empower any Magistrate of the second class to take cognizance under sub-section (1) of such offences as are within his competence to inquire into or try.” [Emphasis and underlining supplied]
Also read: Difference between a criminal complaint filed under section 200 and 190 of Cr.P.C.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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