CrPC- Classification of offenses
Introduction
We will have an overview of different kinds of offence and what they mean. Essentially we will cover below things.
Please check Schedule 1 of CrPC. There are 6 Columns. Column 4 deals with classification based on Cognizance. Column 5 deals with classification on the basis of Bail. This schedule contains the offences from Indian Penal Code. Let's delve into bit details about this classification
Classification based on Cognizance
Cognizance mean awareness or knowledge. Schedule 1 is important which lists almost all offences from Indian Penal Code. It states which all offences are cognizable and which all offences are non-cognizable. But what is That?
Cognizable Offenses
Section 2(c) defines what is Cognizable offenses. It mean an offenses which Police have a power to arrest an accused without warrant. Police on his own can arrest an accused. Also they can start an investigation as per Section 156. Worried that police can arrest you? They can but there should be reasonable grounds, doubts to police that you have committed an Cognizable offense.
Many a times they arrest is made on direction of Political boss. For example:
Non-cognizable Offenses
These are offenses in which Police cannot arrest without warrant. (Generally, you will see exception to this when you study about provisions relating to Arrest)
This is defined in Section 2(l)
On what basis these offenses classified? General idea is serious offense are cognizable and non-serious offenses are non-cognizable.
Here are few examples:
These offenses from IPC are enlisted in Schedule 1. What about offenses from Other Acts??
For other acts, if provision relating to offense doesn't specify whether it's cognizable or non cognizable then it is classified based on it's punishment. If it's more than 3 years then it's cognizable else non cognizable.
Classification Based On Bail
Bailable offense mean an offenses in which you can get bail, and Non Bailable Offense means the offense in which you cannot. THIS IS WRONG.
Again, schedule 1 enlist offenses from Indian Penal Code. Column 5 of that list states which offenses is bailable and which one is not. But what is that ?
Bailable Offense
These are the offenses in which arrested/detained person can get a bail as matter of right. Police or Magistrate cannot deny you a bail you are an accused of these offenses.
Section 2(a) contains the provision related to this.
Non bailable offense
These are the offenses wherein you have to convince the Magistrate that it's ok to be released. Here you cannot claim bail as matter of right, but is subject to discretion of Magistrate.
Detailed provisions related to Bail are discussed from Section 436 to 450.
Since Schedule 1 contains list of offenses from Indian Penal Code only, what about other Acts?
It's same as that of Cognizance. If other acts have provision as to Bail, then it will follow, otherwise it will be based on "3 Year" punishment.
Classification on Compounding
What is compounding:
A act in which a person agrees not to report the occurrence of a crime or not to prosecute a criminal offender in exchange for money or other consideration
Section 320 provides the list of offense which can be compounded. It's essentially let go the offender in exchange of something.
Compoundable Offense
These are offenses which can be compounded as per Section 320. Section specifically provides the list of offenses which can be compounded. It also provides who can compound like victim or Magistrate.
The effect of compounding is as good as acquittal.
Non Compoundable Offense
In short any other offenses not mentioned in list given under section 320.
That's in nutshell about classification.
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