A Critical Analysis on the rise of Cognizable Offences in India

ATHISH ESWARAN
BA0140011
Introduction

A Cognizable offence or case is defined as the one which an officer in-charge of a police station
may investigate without the order of a magistrate and effect arrest without warrant. The Police
have a direct responsibility to take immediate action on the receipt of a complaint or of credible
information in such crimes, visit the scene of the crime, investigate the facts, apprehend the
offender and arraign him before a Court of law having jurisdiction over the matter. Cognizable
crimes are broadly categorised as those falling either under the ‘Indian Penal Code (IPC)’ or under
the ‘Special and Local Laws (SLL). Under SLL come Acts including those involving women,
pertaining to dowry and immoral trafficking, laws on child marriage and juvenile justice, SC/ST
(Prevention of Atrocities) Act and laws on offences against State, arms/explosives and other
regulatory Acts.

Chennai has reported the highest number of cases of cognizable crimes under special and local
laws (SLL), accounting for 32.9 per cent of the total such crimes reported in 19 metropolitan
cities in 2016, according to the National Crime Records Bureau (NCRB). The only solace is the
numbers have declined from 1,55,671 cases in 2014 to 96,977 in 2017.

The NCRB data released by Union Home Minister Rajnath Singh reveals that Kochi (12.9%)
in Kerala and Surat (12.6%) in Ahmedabad are the second and third, respectively.

CRIME INCIDENCES (IPC + SLL) (Incidences: 66,40,378)

Total incidences of crime gives an absolute picture of the crime situation in the country or the
States/UTs. Comparative figures over a period of time indicate an increase or decrease of the
incidences of crime, requiring appropriate crime control efforts by the State Police. The
incidents of IPC crimes during 2013 reported a higher growth of 54.3 per cent as compared to
15.0 per cent population growth during the decade (2003-2013).
 CRIME RATE (IPC + SLL) (Crime rate: 540.4)

Population is one of the important factors influencing incidences of crime. A number of socio -
economic factors, besides population, could influence the crime situation at a particular place.
The present analysis of crime rate is restricted to the influence of population only. Therefore,
the analysis of crime rate of a particular State/UT shouldn’t be construed as th e sole indicator
of crime position of that particular State/UT in relation to others. The ‘Crime rate’ defined as
the ‘number of crimes’ reported per 1,00,000 population is universally taken as a realistic
indicator since it balances the effect of growth in population and size of State. The rate of total
Cognizable crimes in the country which showed a rising trend during the period 2003-2004
(from 514.4 in the year 2003 to 555.3 in the year 2004) and declined to 455.8 in the year 2005
and again slightly decreased to 455.7 in the year 2006. However, it rose to 504.5 in 2007, 515.0
in 2008, 570.8 in 2009 and it, however, decreased to 569.3 in 2010, 516.7 in 2011, and further
declined to 497.9 in 2012, thereafter it rose to 540.4 during 2013. The sudden drop in crime rate
from 555.3 in the year 2004 to 455.8 in the year 2005 may be attributed to the exclusion of
certain non-cognizable crimes by Kolkata Police in 2005 data, which were being included
inadvertently under the crime-head 'Other SLL crimes' prior to the year 2005. The crime rate in
respect of IPC crimes has increased by 9.6 per cent during 2013, from 196.7 in the year 2012
to 215.5 in the year 2013 and for SLL crimes, an increase of 7.9 per cent was reported during
2013 over 2012 (from 301.2 in 2012 to 324.9 in 2013).

COMPLAINTS RECEIVED BY POLICE

The total number of complaints received by the Police including oral, written, distress call or
the ones initiated suo-moto by the Police is being collected since 1999 in order to assess the
quantum of work load of police. A total of 1,86,84,289 complaints were received by the Police
in the country during the year 2013 as compared to 1,07,82,638 complaints received during the
year 2012 showing an increase of 73.3 per cent over 2012. 21.0 per cent of these were written
complaints, 8.0 per cent were oral complaints, 20.3 per cent complaints were initiated by the
Police and 50.8 per cent were distress calls reported over phones (Dial No.100). Nearly, 35.5
per cent of these complaints were registered as Cognizable offences (66,40,378 out of
1,86,84,289 cases).
 MEASURES TAKEN BY THE CENTRAL GOVERNMENT

Under the Seventh Schedule to the Constitution of India, ‘Police’ and ‘Public Order’ are State
subjects and, therefore, the State Governments are primarily responsible for prevention,
registration, detection and investigation of crime and prosecution of the perpetrators of crime
within their jurisdiction. However, the Ministry of Home Affairs supplements the efforts of the
State Governments by providing them financial assistance for modernization of the State Police
Forces in terms of weaponry, communication, equipment, mobility, training and other
infrastructure under the Scheme of Modernization of State Police Forces. The Union
Government, attaches highest importance to the matter of prevention of crime, and therefore,
has continued to urge to the State Governments/Union Territory Administrations to give more
focused attention towards improving the administrations of criminal justice system and taking
such measures as are necessary for prevention and control of crime. In this regard a number of
advisories have been issued to the States from time to time.