Sections 154 and 155 CrPC: Information in Cognizable and Non-Cognizable Cases

Sections 154 and 155 of the Code of Criminal Procedure, 1973 governed the manner in which information about cognizable and non-cognizable offences was received by the police and the circumstances in which investigation could begin under the CrPC framework.

Applicability note: This article explains the Code of Criminal Procedure, 1973 position before implementation of the Bharatiya Nagarik Suraksha Sanhita, 2023. The BNSS came into force on 1 July 2024. This page is retained for the pre-BNSS legal framework and matters in which the former Code remains relevant under applicable saving or transitional provisions.
At a glance
  • Section 154 CrPC dealt with information relating to commission of a cognizable offence, including recording of the information and supply of a free copy to the informant.
  • Section 155 CrPC dealt with information concerning a non-cognizable offence and ordinarily required an order of the competent Magistrate before police investigation.
  • If a case involved two or more offences and at least one was cognizable, Section 155(4) treated the case as cognizable.

Meaning of Cognizable and Non-Cognizable Offences under the CrPC

Under Section 2(c) of the Code of Criminal Procedure, 1973, a cognizable offence meant an offence for which, and a cognizable case meant a case in which, a police officer could arrest without warrant in accordance with the First Schedule or any other law in force.

Under Section 2(l), a non-cognizable offence meant an offence for which, and a non-cognizable case meant a case in which, a police officer had no authority to arrest without warrant.

Section 154 CrPC - Information in Cognizable Cases

Section 154 laid down the statutory procedure for recording information relating to commission of a cognizable offence. It formed the principal CrPC provision governing registration of the first information concerning such an offence.

State Amendments to Section 154 CrPC

Chhattisgarh

The page's pre-BNSS statutory material records a Chhattisgarh amendment to the first proviso to Section 154(1), substituting the reference so as to include Sections 509A and 509B along with Section 509. The source identifies Chhattisgarh Act 25 of 2015, Section 7.

Arunachal Pradesh

The pre-BNSS material also records an Arunachal Pradesh amendment adding references including Sections 376AA and 376DA in the specified portions of Section 154. The source identifies Arunachal Pradesh Act 3 of 2019, Section 13.

Section 155 CrPC - Information in Non-Cognizable Cases and Investigation

Section 155 prescribed a different procedure where the information related to a non-cognizable offence.

Practical Difference Between Sections 154 and 155 CrPC

The essential distinction was the nature of the offence and the resulting police power. Information disclosing a cognizable offence attracted Section 154 and enabled investigation in accordance with the CrPC without first obtaining the type of Magistrate's order required by Section 155(2). For a purely non-cognizable case, the police recorded the information and referred the informant to the Magistrate, and investigation required the Magistrate's order.

Related CrPC Provisions

Sections 154 and 155 should be read with the succeeding investigation provisions. In particular, Sections 156 to 159 CrPC dealt with police power and procedure for investigation of cognizable cases, reports and the Magistrate's powers concerning investigation or preliminary inquiry.

Note: This page is an explanatory presentation of the pre-BNSS CrPC provisions. For the exact statutory text, amendments and application to a particular proceeding, the applicable official enactment and relevant judicial decisions should be checked.