Why are offenses relating to marriage a non-cognizable offence?

In Code of Criminal Procedure, four categorisation is made such as –

1. Bailable and non bailable

The difference is made on the basis of the provisions of bail. In bailable offences, bail is the right of the accused and in non bailable offence, bail is provided by the discretion of the competent authority.

2. Summon and Warrant case

When the punishment is upto 2 years, it will fall within the ambit of summon case while the punishment more than 2 years will be considered as warrant case.

3. Compoundable and Non compoundable Offences

Compoundable Offences are those which can be compromised in monetary terms.

Non compoundable Offences are those which can’t be compromised in monetary terms.

4. Cognizable and Non Cognizable Offences

The differentiation between Cognizable and Non Cognizable Offences are based on arrest. In Cognizable offences, police don’t need a warrant to arrest the accused while in non-cognizable offences, police need permission of the Magistrate and warrant to arrest a person.

In this article, we will discuss the cognizable and Non-Cognizable offences and why offences relating to marriage are non cognizable?

Cognizable Offences are all serious offences and usually the punishment for the offence is more than 3 years while Non Cognizable offences are non serious offences and usually the punishment is less than 3 years.

But the offences relating to marriage are more than 3 years then why is it a non-cognizable offence?

Offences relating to marriage are Non Cognizable because if the police interfere in the matter of marriage then it would become difficult to save the marriage. The probability will be that the wedlock will become a deadlock.

Offences related to marriage are private wrongs and the unnecessary interference will make the situation worse. So, the police need to get a warrant before arrest even if the punishment for offences related to marriage is more than 3 years.