Can Non Cognizable crime be clubbed with Cognizable crime.

[thrishul]

If a person say X has commited one Cognizable offense under one section of IPC & Two non cognizable offense under sections of IPC.
If i give a police complaint against X stating all the crimes he has committed (one Cognizable & 2 non cognizable under IPC)will X be prosecuted/tried for all Non cognizable crime/offense also or should i give a separate complaint to Magistrate for non cognizable offense.

[Dr. Ashok Dhamija]

Yes, the law requires that non-cognizable offence should be clubbed together with the cognizable offence, wherever these offences have occurred together.

Section 155(4) of the Criminal Procedure Code clearly lays down that: “Where a case relates to two or more offences of which at least one is cognizable, the case shall be deemed to be a cognizable case, notwithstanding that the other offences are non-cognizable.”

Thus, there is no need to give a separate report in respect of non-cognizable offences if they have occurred along with the cognizable offence. Only one FIR needs to be given for these offences.

     

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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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