Classification of Offences under BNSS

In the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, offences are not random. They are strictly classified to determine how the police and courts should handle them. This classification is primarily found in Section 2 (Definitions) and the First Schedule of the Act.

Understanding this is the “Alphabet” of Criminal Law. If you don’t know if an offence is Cognizable or Non-Cognizable, you cannot determine if an FIR can be registered.

1. Cognizable vs. Non-Cognizable

Defined under Section 2(1)(g) and Section 2(1)(o) of BNSS.

Feature	Cognizable Offence	Non-Cognizable Offence
Police Power	Police can arrest without a warrant.	Police have no authority to arrest without a warrant.
Investigation	Police can start investigation without court permission.	Police need Magistrate’s order to investigate (Sec 174 BNSS).
Nature	Serious offences (Murder, Rape, Dowry Death).	Less serious (Defamation, Simple Hurt).
First Step	FIR is registered (Sec 173 BNSS).	NCR (Non-Cognizable Report) is recorded.

Key Change in BNSS: The definition remains largely the same as the old CrPC, but the section numbers for FIR (formerly Sec 154) and Investigation (formerly Sec 156) have shifted.

2. Bailable vs. Non-Bailable

Defined under Section 2(1)(b) of BNSS.

Bailable Offences:
- Bail is a matter of right.
- The Police Officer must release the accused if they furnish surety.
- Examples: Cheating (sometimes), Simple Hurt.
Non-Bailable Offences:
- Bail is a matter of discretion, not right.
- Only the Court (Magistrate or Judge) can grant bail.
- Examples: Murder (Sec 103 BNS), Kidnapping.

3. Visualizing the Process

How do you know which category a crime falls into? You must check the First Schedule of the BNSS.

flowchart TD
    A["Offence Committed"] --> B{"Check First Schedule BNSS"}
    B --> C["Column 1: Section of BNS"]
    B --> D["Column 4: Cognizable or Not?"]
    B --> E["Column 5: Bailable or Not?"]
    
    D -- "Cognizable" --> F["Register FIR (Sec 173)"]
    D -- "Non-Cognizable" --> G["Refer to Magistrate"]
    
    F --> H{"Arrest Needed?"}
    H -- "Yes" --> I["Check Bail Status"]
    I -- "Bailable" --> J["Release on Bail at Station"]
    I -- "Non-Bailable" --> K["Produce before Magistrate (24 hrs)"]

Reference: https://prsindia.org/files/bills_acts/bills_parliament/2023/Bharatiya_Nagarik_Suraksha_Sanhita,_2023.pdf Page No: 158 *