Whether offence u/S 323, 504, 506 IPC non-cognizable offence?

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      Anonymous
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      The police refused to register FIR in a complaint under Sections 323, 504, 506 of IPC saying that the offences are non-cognizable offences and asked informant to go to magistrate with private complaint. Are these offences non-cognizable?

    • #2108

      Please note that the offences under Sections 323 and 504 of the IPC are non-cognizable. As regards the offence under Section 506 of IPC, please see my article: Section 506 IPC – whether bailable or non-bailable?, wherein I have explained that this offence is non-cognizable almost throughout India excepting certain states where amendments have been made to this section (such as in Andhra Pradesh, Uttar Pradesh, Uttarakhand, Maharashtra). In addition, please note that in Jammu and Kashmir, IPC does not apply since it has its own Ranbir Penal Code.

      Therefore in most of the states in India, offences under Sections 323, 504, 506 of IPC are non-cognizable, excepting the above mentioned states. You have not mentioned in which state you approached the police for registration of the above offence; if it was within the states where these offences are non-cognizable, then the police is well within its rights to refuse registration of the FIR and direct you to file a private complaint in the court directly.

           


      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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