Police does not have the power to register FIR or conduct investigation in a non-cognizable (NC) offence. If you lodge a complaint about the commission of an NC offence with police, they will record this information in the NC Register and in the General Diary of the police station. But, no FIR will be registered and no investigation will be conduced. On the other hand, the police will advise you to approach the Magistrate court and file the case there, if you so wish.
However, if the Magistrate gives a direction to the police to conduct investigation in such NC case under Section 155(2) of the Criminal Procedure Code, then in view of the provisions of Section 155(3), the police can conduct the investigation in even such NC case in the same manner as they do in a cognizable case, with the only exception that police cannot arrest the accused without warrant from the Magistrate.
Moreover, sometimes after an NC complaint is filed with police, there may be a subsequent development which may turn that offence into a cognizable offence. For example, suppose an initial complaint is lodged as NC complaint under Section 323 of IPC, for a simply hurt. But, subsequently, if there is a medical report about the injury caused, say, opining that there was a fracture, then it amounts to a cognizable offence. In such a scenario, in the changed circumstances, police may now register FIR in such case and investigate it, wherein initially an NC offence was only registered.
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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