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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)].