cognizable offences show that the arrest shall not be made in the
cognizable offence without a warrant. Thus, the bifurcation between the
cognizable and non ... category of non-cognizable
offence as Section 13 itself does not prescribe as to whether the offence
is cognizable or non-cognizable. Once, this Court
observes that the offences under Sections 494
and 495 IPC are non-cognizable and bailable. And the
offence under Section 494 IPC is compoundable
Non-bailable Magistrate of
with the First
imprisonment Class
for 3 years and
upwards but
not more than
7 years
If punishable Non-cognizable Bailable ... cognizable offence, reads as under :
"38. Offences to be cognizable.--Every offence
under this Act shall be cognizable within the
meaning of the Code
offence of furnishing false
information/evidence while contesting election is a non-
cognizable offence and, therefore, as per sub-section (2) of
section 155 CrPC ... constitute a
cognizable offence but constitute only a non-cognizable
offence, no investigation is permitted by a police officer
without an order of a Magistrate
offence of furnishing false information/evidence
while contesting election is a non-cognizable
offence and, therefore, as per sub-section (2)
of section 155 CrPC ... constitute a
cognizable offence but constitute only a non-cognizable offence,
no investigation is permitted by a police officer without an order
of a Magistrate
offence
of furnishing false information/evidence
while contesting election is a non-
cognizable offence and, therefore, as per
sub-section (2) of section 155 CrPC ... constitute a cognizable offence but constitute
only a non-cognizable offence, no
investigation is permitted by a police officer
without an order of a Magistrate
non-cognizable offences by virtue of Part-II
of Schedule-I of Cr.P.C . because they carry
imprisonment which can be extended ... OFFENCES AGAINST OTHER
LAWS
Offence Cognizable or non- Bailable or non- By hat Court triable
cognizable bailable
1 2 3 4
If punishable with Cognizable
offence of furnishing false information/evidence
while contesting election is a non-cognizable
offence and, therefore, as per sub-section (2)
of section 155 CrPC ... constitute a
cognizable offence but constitute only a non-cognizable offence,
no investigation is permitted by a police officer without an order
of a Magistrate
offence of furnishing false
information/evidence while contesting election is a non-
cognizable offence and, therefore, as per sub-section (2)
of section ... police has no jurisdiction to
investigate into the non-cognizable offences without
there being any order from the Magistrate concerned and
as such the impugned
offence
of furnishing false information/evidence
while contesting election is a non-
cognizable offence and, therefore, as per
sub-section (2) of section 155 CrPC ... offence but constitute
(5 of 7)
[CRLMP-3797/2016]
only a non-cognizable offence, no
investigation is permitted by a police officer
without an order
