When you’re facing a serious criminal allegation, the legal terms used can be confusing and frightening. With the new Bharatiya Nyaya Sanhita (BNS), many are asking about the classification of Section 69 (sexual intercourse by “deceitful means” or “false promise to marry”).
The most critical question is: Is Section 69 of the BNS a cognizable offence?
The direct answer is: Yes, absolutely. The First Schedule of the Bharatiya Nagarik Suraksha Sanhita (BNSS) classifies Section 69 as a cognizable offence.
This single word—”cognizable”—completely changes the situation for the accused. It defines how the police will act and how quickly your liberty can be taken away. At lawyerinfaridabad.com, we believe understanding your rights starts with understanding the process. Let’s explore what this truly means for an accused person.
What is a “Cognizable Offence” in Indian Law?
In simple terms, a cognizable offence is an offence that is considered serious enough for the police to act upon immediately, without a court’s permission.
Under the law, there are two types of offences:
- Cognizable Offence: A police officer can arrest a person without a warrant. They can also start an investigation on their own, simply upon the registration of a First Information Report (FIR).
- Non-Cognizable Offence: These are generally less serious offences (like defamation or simple assault). A police officer cannot arrest without a warrant, and they cannot start an investigation without an order from a Magistrate.
The fact that Section 69 BNS is cognizable shows how seriously the law views this crime.
The Real-World Implications for the Accused
Because Section 69 is cognizable, the following things can happen immediately once a complaint is filed:
- Immediate Registration of an FIR: The police are bound to register an FIR upon receiving information about a cognizable offence.
- Police Can Arrest Without a Warrant: This is the most significant consequence. The police do not need to go to a judge to get permission to arrest the accused. If they believe the FIR has merit, they have the power to arrest immediately to prevent the accused from fleeing, destroying evidence, or influencing witnesses.
- Investigation Begins Instantly: The police can start their investigation, seize phones, question witnesses, and gather evidence right away, without waiting for a court order.
The “Double-Threat”: Cognizable AND Non-Bailable
The situation becomes even more serious when you look at the second classification of Section 69: it is also a non-bailable offence.
This creates a dangerous combination for the accused:
- Cognizable = You can be arrested at any time without a warrant.
- Non-Bailable = Once arrested, you cannot get bail as a matter of right.
This means you can be arrested by the police and then be sent to judicial custody (jail) by the Magistrate, all before a trial even begins. Your release is not guaranteed; it is entirely at the discretion of a judge.
What is Your Immediate and Only Option?
When you are facing a cognizable and non-bailable charge, time is of the essence. You do not have the luxury of waiting. Your immediate and most urgent step is to seek Anticipatory Bail.
This is where an experienced Criminal Case advocate faridabad is non-negotiable.
- An application for anticipatory bail (also known as “pre-arrest bail”) is filed in the Court of Session or the High Court.
- This application asks the court to grant you bail in anticipation of an arrest, protecting you from being taken into custody.
- A skilled Bail advocate in faridabad will need to build a strong case, presenting evidence (like chats, emails, or witness accounts) to show the court that the complaint is false, motivated by-ill will, or that the relationship was consensual and not based on deceit.
Facing a Criminal Case advocate faridabad matter like this is daunting. Advocate Satish Chauhan and the legal team at lawyerinfaridabad.com have extensive experience in handling such high-stakes criminal cases. Protecting your liberty is the first and most critical step in building your defense.
Disclaimer: This article is for informational and educational purposes only and does not constitute legal advice. The information provided is not intended to be used in court or for any legal proceedings. For advice specific to your case, please contact a qualified advocate.
