INTRODUCTION
The Criminal Procedure Code was enacted to provide a mechanism for enforcement of the Indian Penal Code, 1973. This code creates the necessary machinery for the detection of crime and aims in providing proper punishment to the guilty person depending upon the offence done by him. The objective of this act is to ensure that person accused of any offence is punished only after a fair trial and fair judgment. It also protects the rights of the accused and ensures that judges play a more active role in providing speedy justice by following the proper rules provided in this code.
CLASSIFICATION OF OFFENCES
Any act which causes an infringement of the rights of others and is perilous to the point that likewise affects society at large is assigned as an offence.
Section 2(n) of CrPC defines an offence “as an act or omission made punishable by any law for the time being in force and includes any act in respect of which a complaint may be made under section 20 of the Cattle-trespass Act, 1871”
- BAILABLE AND NON BAILABLE OFFENCES
BAILABLE OFFENCES
- According to Section 2(a) of CrPC bailable offences are those offences that have been shown as bailable in the First Schedule or which are made bailable by any other law for the time being in force.
- Bailable Offences are those offences that are less grave in nature and are punishable with imprisonment of less than 3 years.
- If a person has committed a bailable offence then he can claim the right to be released on bail. According to Section 50 of CrPC, it is the duty of the police to inform the offender about his offence and have to release him on bail after taking surety.
- The offender has the right to be released on bail under Section 436 of CrPC. Also, this right cannot be nullified by charging a huge amount of bond i.e. the amount must be reasonable and must be in accordance with the income of the accused. In the 2005 Amendment, a provision is added according to which if the accused is unable to furnish bail due to bail amount then such person will be considered as an indigent person and the court shall release him on the execution of bond without sureties.
- Examples of Bailable Offences -Being a member of an unlawful Assembly, Rioting, armed with a deadly weapon, Public servant disobeying a direction of the law with intent to cause injury to any person. etc.
NON BAILABLE OFFENCES
- Offences that are more grave in nature and where bail is not a matter of right are known as Non-Bailable offences. These offences are generally punishable with imprisonment of life or death sentence or punishment of more than 7 years.
- According to Section 437 of CrPC, a person who is accused of committing a Non-Bailable offence can be released on bail solely at the discretion of the court. He can be released only when the court believes that he is not guilty of an offence punishable with death or imprisonment of life. Such a person shall not be released if he has committed the cognizable offence and has a record of a previous conviction for an offence punishable with death or life imprisonment or imprisonment of more than 7 years. [437(1)].
- In non-bailable offences, while granting bail court must know as to whether there is a prima facie case or not. If a person is not guilty of an offence punishable with death or imprisonment of life then the court needs to grant him bail but this discretionary power of the court needs to be exercised with great care and caution in order to ensure the safety of the society.
- Before granting bail court must check the danger of absconding of the accused person, his chances of tempering evidence, and threatening the accused. In such cases, the court may not grant bail.
- COGNIZABLE OFFENCES AND NON COGNIZABLE OFFENCES
COGNIZABLE OFFENCES
- These offences are more serious. According to Section 2 (c) offence in which the police officer may arrest an accused without a warrant and can start investigating the case without permission of the court.
- These are the offences that are punishable with imprisonment for 3 years or more and are mentioned in the first schedule of the Code of Criminal Procedure, 1973. These offences are considered as public wrong for example rape, murder, etc. Generally, these offences are non-bailable offences.
- These offences are dealt with according to Section 154 of CrPC, according to which within 24 hours of detention such detention must be ratified by the Judicial Magistrate. This section gives wider power to the police officer and sometimes this power is misused as the police officials don’t work in accordance with the precedents which infringes the fundamental rights of the accused.
NON COGNIZABLE OFFENCES
- According to Section 2 (l) of CrPC, these offences are less serious in nature and are punishable with imprisonment of fewer than 3 years. Here Police officer has no authority to arrest without a warrant also they can’t investigate without authority given by Judicial Magistrate.
- These offences are generally considered as private wrongs for example forgery, cheating etc
If a single case includes many offences out of which some are cognizable and some are non-cognizable then it would be considered a cognizable case.
COMPOUNDABLE AND NON-COMPOUNDABLE OFFENCES
The concept of Compoundable and Non-Compoundable offences is defined in Section 320 of CrPC
COMPOUNDABLE OFFENCES
Offences in which the person against whom an offence has been committed is ready to do a compromise with the wrongdoer. Code of Criminal Procedure considers some offences as compoundable (320(1)) like causing hurt etc and some offences as compoundable only with the court’s permission (320 (2) like voluntarily causing hurt with a weapon. In such offences, compounding can be done before a sentence is pronounced.
NON COMPOUNDABLE OFFENCES
Offences that are not mentioned in Section 320(1) and 320(2) of CrPC are non-compoundable offences. These offences are serious in nature and it doesn’t matter if these offences are bailable or non-bailable.
