Criminal Law: Difference Between Cognizable and Non cognizable offences in Kenya

Arrest
In a cognizable offence, a police officer may arrest without warrant for such offences
In a non cognizable offence a police officer has no authority to arrest without warrant for such offences

Nature of Crime
A cognizable offence is serious while a non cognizable offence id Not much serious

Filing of Complaint/FIR registered
In a cognizable offence FIR can be registered without magistrate’s permission.
In a non cognizable offence FIR cannot be registered without magistrate’s permission

Permission from Magistrate
If a Cognizable offense has been committed, a Police Officer Can investigate without the Magistrate’s permission.
Under a Non-Cognizable offense/case, in order to start the investigation, it is important for the police officer to obtain the permission from the Magistrate.


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