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court

23 June 2016

wt is cognisance and non cognisance. ..bailable and non bailable with reference to cognisance concept. Also its clear cut bifurcation in co.act wich are cognisable or not?.

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P C Agrawal (Registered independent director Past Chairman of Aurangabad Chapter of ICSI Practicing Company Secretary at Aurangabad) (8229 Points)
Replied 02 July 2016

a) Cognizable offence is one where a police officer could arrest a person without warrant, whereas in non-cognizable offence warrant is necessary.

b) Bailable offence is of lesser severity and the accused can demand release on bail. Non-bailable offence is of severe nature and bail cannot be demanded as a matter of right.

c) As far as Companies Act 2013 is concerned, only offences covered u/s 447 relating to fraud are cognizable [Sec.212(6)]. All other offences under the Act are non-cognizable [Sec.439(1)].