What Is The SC’s Ruling On Cognizable Offences In 2025?
In January 2025 the Supreme Court Of India clarified the parameters for investigations done by the police in serious and non-serious crimes.
What’s The Main Emphasis Of The Supreme Court?
A distinction between cognizable and non-cognizable offences has been made by the Supreme Court specifically emphasising the importance of safeguards in place for non-cognizable offences.
Reason Behind The Ruling?
This ruling from the Supreme Court is an outcome from a case involving allegations against an appellant under specific sections under the Indian Penal Code (IPC).
What Are Cognizable And Non-Cognizable Offences With Respect To Police Investigations?
For Cognizable offences, the Police has the authority to carry investigations into the matter without the prior approval.
For non-cognizable offences, the police needs a prior approval by the magistrate’s order to carry on an investigation.
This difference is crucial in order to maintain a balance between individual rights and state authority.
What Are The Legal Safeguards For Non-Cognizable Offences?
The Supreme Court clarified that non-cognizable offences come with built-in safeguards. The legal measures prevents the immediate use of police powers ensuring liberties of the citizens are protected.
The investigation of non-cognizable offences must be looked over by a legally trained individual in the presence of the Judicial magistrate.
The Role of Public Servants-
For non-cognizable offences involving public servants a complaint must originate from the affected public servant and not any other.
This legal requirement provides another layer of protection of abuse of power to investigate by the police.
The Supreme Court clarified that no investigation can be carried on by the police in the absence of such a complaint.
Section 195 of the Criminal Procedure Code-
Section 195 of the criminal procedure code has been highlighted under this case to understand that certain offences can be taken under cognizance only if the complaint is made by the public servant.
What does section 195 of the Criminal Procedure Code say?
According to section 195 of the criminal procedure code, it is mandatory, a condition that certain offences can be taken into cognizance only if the complaint is filed by a public servant.
The Supreme Court in the case in discussion that this complaint must be reiterated to the judicial magistrate and not the executive magistrate. This distinction is important for legal proceedings.
Implications Of The Ruling By The Supreme Court-
The ruling has implications on how non-cognizable offences are to be handled.
The ruling reinforces the requirement of judicial oversight in cases involving public servants.
The decision also lays emphasis on following proper legal procedures before the police can come into action.
- Section 186 of the Indian penal code addresses obstruction of the public servants.
- Section 353 of the Indian penal code involves assault or criminal force against public servant.
- A judicial magistrate must receive the complaint for the cognizance.
- The term non-cognizable refers to the offences requiring an approval by the magistrate.
- Legal safeguards protect the citizens from police overreach in investigations.
The Quashing of the Criminal Proceedings –
The criminal proceedings against the appellant has been quashed by the Supreme Court in the case in discussion as the bench found out that the required legal prerequisites haven’t been followed particularly concerning the filing of a complaint by a public servant in the matter.
The absence of such a complaint has rendered the investigation carried on by the police in this matter to be illegal stressing the need that it is of utmost importance to follow the legal protocols before carrying on the investigation by the police.