This distiction between cognizable and non-cognizable offences is important to determine whether police officer should issue warrant before arrest or not but, in some non-cognizable offences also police can arrest without a warrant. To deciede whether an offence is cognazable or non-cognizable we look at the seriousness (punishment) of an offence, but some serious offences are also made non-cognizable offence. Also, all offences are not listed in the First Schedule as cognizable or non-cognizable. Due to which it creates lot of confusion for the police and the suspect. In the case of Ms. Rani Shashank Doshi v. The Senior Inspector of Poilce , a division bench of Justices S C Dharmadhikari and Gautam Patel said drunk driving is non-cognizable
