| Definition | Defined under Sec 2(c) of BNSS 2023. | Defined under Sec 2(l) of BNSS 2023. |
| Arrest Without Permission | Police can arrest the accused without a magistrate’s permission. | Police cannot arrest the accused without magistrate’s permission. |
| Investigation | Sec 173 (BNSS 2023): Police can start an investigation immediately upon receiving information. | Sec 174 (BNSS 2023): Police require permission from a magistrate to start an investigation. |
| FIR Filing | FIR (First Information Report) can be filed without judicial consent. | FIR can only be filed with judicial approval. |
| Illustration | A person is caught committing theft in a public place; police can immediately arrest them without seeking permission from the magistrate. | A person is accused of defamation; police need to approach the magistrate to seek permission before arresting or investigating. |
| Case Law | In State of Uttar Pradesh v. M.P. Sharma (1954), the court held that cognizable offenses can be investigated without prior approval from the magistrate. | In D.K. Basu v. State of West Bengal (1997), the Supreme Court emphasized that arrest in non-cognizable offenses requires judicial oversight. |
| Examples | Murder, robbery, assault, kidnapping. | Defamation, public nuisance, minor theft. |
| Urgency of Investigation | Investigations are more urgent, and police are allowed to take immediate action. | Investigations proceed more slowly, requiring legal oversight. |
| Evidence Gathering | Evidence gathering, including arrests and searches, can be done swiftly. | Police are restricted in immediate actions like arrests or searches. |
| Case Law (FIR Registration) | In Lalita Kumari v. Government of Uttar Pradesh (2014), the Supreme Court confirmed that FIR must be registered for cognizable offenses as soon as information is received. | In Gurbachan Singh v. State of Haryana (1992), it was held that for non-cognizable offenses, police cannot initiate an investigation without prior permission from the magistrate. |
| Nature of Crime | Serious crimes that could lead to significant harm or loss. | Minor crimes that do not pose a significant risk to public safety. |
| Objective | Aimed at maintaining public safety and preventing further harm. | Focuses on less serious violations where immediate action is not critical. |
