following
rules:......... "
Rule I relates to a cognizable offence, r. II to a non-
cognizable. offence, including an offence under ... cognizable or
noncognizable offences, that is, simple remissness or negli-
gence in the discharge of duty, (ii) cognizable offences,
and (iii) non-cognizable offences. Paragraph
except the offences referred to in sub-section (5) shall be non-cognizable and bailable. (5) The offences specified in clause (a) or clause
custody of the Magistrate; (b) in the case of a non-cognizable and bailable offence, the Deputy Commissioner or the Assistant Commissioner shall
shall, for the purposes of the said Code, be bailable and non-cognizable. (3) When any person is convicted of an offence punishable under this
taking cognizance of non-cognizable offence
reads as follows:-
"155. Inf ormation as to non-
cognizable cases and investigation of such
cases ... cognizable, the
case shall be deemed to be a cognizable case,
notwithstanding that the other off ences are non-
cognizable."
9. Therefore, when
Schedule classifies the offences and also declares which
offences are cognizable or non-cognizable. The
explanatory note to the I Schedule, also reads as
follows ... cognizable offences. Therefore, irrespective of
62
the punishment prescribed, considering the nature and
gravity of offences, the offences are classified as
cognizable or non-cognizable
grave vis-à-vis misdemeanours. Further,
by classifying offences as cognizable and non-cognizable,
higher and lower degrees of criminality to the offences ... unless a charge is framed in a non-cognizable offence
and pursuant to a Non-Cognizable Report, that no case is
pending against
least one is cognizable,
the case shall be deemed to be a cognizable
case, notwithstanding that the other offences
are non-cognizable ... that the bailability or non-bailability
43
of an offence is not dependent upon the offence
being cognizable or non-cognizable. It was
submitted that
cognizable offences and
there is no question of their being cognizable if
investigated by a Deputy Superintendent of Police and non-
cognizable when investigated ... rank it is non-cognizable. That cannot be a
proper criterion for deciding whether an offence is
cognizable or non-cognizable. Unless there are clear
non-cognizable or
cognizable. The
400
High Court held that an offence under Section 5(2) of that
Act was non-cognizable because ... these are not non-cognizable
offences either How can there be a case which is
neither cognizable nor non cognizable? It was sought
