A non-cognizable offence is one in which the police cannot arrest without a warrant and cannot investigate without the magistrate's order. To start the process you give the information to the officer in charge of the police station, who enters it in the register and refers you to the magistrate; the magistrate can then direct an investigation under Section 175(3) BNSS 2023 (formerly Section 156(3) CrPC). This is different from an FIR, which is registered for cognizable offences and starts a police investigation on its own.
Before you start
- The facts in writing. Set out what happened, the date, the place, the people involved, and what each did, in sequence.
- The offence you say it is. Identify the sections of the penal law that fit the conduct. Whether an offence is cognizable or non-cognizable follows from the schedule of the law, so the section matters.
- Your identity and address proof. The officer records who gave the information.
- Evidence. Documents, messages, photographs, witnesses — copies, with the originals kept safe.
- The police station that has jurisdiction. File where the offence took place, or the station the law treats as competent.
Steps
- Decide first whether the offence is non-cognizable. If it is cognizable, the police must register an FIR and investigate. If it is non-cognizable, the police cannot investigate without an order of the magistrate, and the station's role is to record the information and send you onward.
- Give the information to the officer in charge. Under Section 223 BNSS 2023 (formerly Section 155 CrPC), give the information orally or in writing at the station. The officer enters the substance of it in the register kept for the purpose.
- Take the entry reference. Ask for the entry number and the date from the register, and keep a copy of your written complaint with an acknowledgement. This is your proof that the information was given.
- Get the referral to the magistrate. The officer in charge refers you to the magistrate, because the police cannot investigate a non-cognizable case on their own.
- File a complaint before the magistrate. Put the same facts before the magistrate as a complaint, ask for the offence to be taken cognizance of, and apply under Section 175(3) BNSS 2023 (formerly Section 156(3) CrPC) for a direction that the police investigate. The magistrate can order investigation, and the investigation then follows the ordinary course.
- Follow the case after the order. Once investigation is directed, keep the order with you, cooperate with the investigating officer, and attend the hearings that follow.
Documents to keep
- The written complaint given at the station, with the acknowledgement and the register entry number.
- The referral to the magistrate, in writing where the station gives one.
- The complaint filed before the magistrate and the order directing investigation.
- Copies of all evidence, with originals preserved.
- A note of dates: when information was given, when the entry was made, and when the magistrate's order was passed.
What goes wrong
- Expecting an FIR. A person asks for an FIR in a non-cognizable matter and is told none is registered. That is not a refusal of justice; the route in such cases runs through the register entry and the magistrate.
- Leaving without the entry. Giving the information but not taking an acknowledgement leaves no proof that anything was reported.
- Not applying for the investigation order. A magistrate complaint that does not seek a direction for investigation is simply a complaint the court must try itself, which is slower and needs the complainant to lead evidence.
- Wrong facts and wrong sections. A complaint that misdescribes the offence or the sequence weakens both the registration and the application for an investigation order.
- Mixing up the two channels. Treating the register entry as though it were an FIR, and waiting for the police to investigate, wastes time that the magistrate application would have saved. The register entry is only the record that information was given; it does not launch an investigation by itself.
Common questions
What is the difference between a non-cognizable complaint and an FIR?
An FIR is registered for a cognizable offence and the police investigate on their own. In a non-cognizable offence, the police cannot investigate without the magistrate's order, so the information is entered in the station register and the complainant is referred to the magistrate.
Why can the police not investigate on their own?
Because the law treats non-cognizable offences as matters in which the police cannot act without judicial sanction. That sanction comes when the magistrate directs an investigation under Section 175(3) BNSS 2023 (formerly Section 156(3) CrPC).
Can the magistrate direct an investigation?
Yes. On a complaint, the magistrate may direct that the police investigate the matter, and once that order is passed the investigation proceeds like an ordinary case. The complainant should ask for this relief expressly.
Can a non-cognizable case end in a compromise?
Offences that are compoundable can be settled with the court's permission, and the parties may compound the matter. Whether an offence is compoundable depends on the penal law, so check the specific section before assuming a settlement will end the case.
FileX Advocates & Legal Consultants, Kolkata, files and argues criminal complaints, applications for investigation and magistrate proceedings across Kolkata and West Bengal. Call +91 7439811422 or WhatsApp us for a free first consultation.
Our criminal law services handle station-level complaints and magistrate applications, and the criminal law formats carry the model drafting for the complaint and the application under Section 175(3) BNSS 2023. For an overview of the practice, see our services.