ijalr

Trending: Call for Papers Volume 3 | Issue 2: International Journal of Advanced Legal Research [ISSN: 2582-7340]

Kinds of Offences- Cognizable, Bailable, and Compoundable

Introduction

Generally, the term offence refers to the act of displeasure, anger, and displeasing. But, in the legal sense, it is an illegal act which is punishable as it is a breach of law or provisions in a statute. There are various kinds of offences stated under the Indian Penal Code, 1860 and numerous other codes. These offences are listed under Schedule I of the Criminal Procedure Code, 1973

Cognizable offences are very heinous crimes and very grave in nature. Bailable offences are comparatively less serious in nature and bail can be granted to the arrestee. Compoundable offences are the one in which the complainant drops the charges against the accused and gets into a compromise. 

Difference between Cognizable and Non-Cognizable Offence

Cognizable offences

Non-Cognizable offences

Section 2(c) of the Code of Criminal Procedure, 1973 defines the term Cognizable Offences.

Section 2(l) of the Code of Criminal Procedure, 1973 defines the term Non-Cognizable Offences.

The offences under this category are very serious in nature. 

The offences under this category are comparatively less serious. 

If any individual commits an offence which is very serious in nature and amounts to cognizable offence then the police officials can arrest that offender without a warrant.  

If any individual commits an offence which is not very serious in nature and amounts to non-cognizable offence then the police officials cannot arrest that offender without a warrant.  

If the offence is cognizable in nature then the police officials do not have to obtain a warrant from the Magistrate. 

If the offence is non-cognizable in nature then the police officials do have to obtain a warrant from the Magistrate. 

Under offences which are cognizable in nature then the police officials can conduct their investigation without permission of the Court. 

Under offences which are non-cognizable in nature then the police officials cannot conduct their investigation without permission of the Court. 

In case of a cognizable offence FIR (First Information Report) can be filed. 

In case of a non-cognizable offence no FIR (First Information Report) can be filed instead of the complaint will the lodged in NCR (Non-Cognizable Register). 

Example- Rape, Murder, Dowry death, etc.

Example- Simple hurt, Assault, Defamation, etc.

Difference between Bailable and Non-Bailable Offences

Bailable offences

Non-Bailable offences

The offences under this category are less serious in nature.

The offences under this category are more serious in nature. 

Section 2(a) of the Code of Criminal Procedure, 1973 defines the term Bailable Offences.

Section 2(a) of the Code of Criminal Procedure, 1973 defines the term Bailable Offences.

Under this category, the bail granted to the accused is a matter of right as the offence he is charged under is a bailable offence. 

Under this category, the bail can be granted only on the Court’s discretion and the accused does not enjoy any right to bail. 

Section 436 of the Code of Criminal Procedure, 1973 contains the cases under which bail can be granted to the accused.  

Section 437 of the Code of Criminal Procedure, 1973 contains the cases under which bail can be granted to the accused in case of non-bailable offences.  

Example- Adultery, Bribery, Death by negligence, Death by a rash act, etc. 

Example- Rape, Murder, Dowry death, Kidnapping, Attempt to murder, etc. 

Difference between Compoundable and Non-Compoundable Offences

Compoundable offences

Non-Compoundable offences

Under compoundable offences, the victim enters into a compromise with the accused and drops all the charges against the accused. 

Under non-compoundable offences, the victim cannot enter into a compromise with the accused and drop all the charges against the accused. 

The offences under this category are less serious in nature.

The offences under this category are more serious in nature. 

Section 320 of the Code of Criminal Procedure, 1973 contains the offences that can be compoundable offences. 

Any offence which is not included in Section 320 of the Code of Criminal Procedure, 1973 are termed as non-compoundable offences. 

Permission of the Court may be required by the victim and the accused to enter into a compromise.

There can be no compromise in non-compoundable offences as the offences are of very grave nature. 

Example- Theft, Grievous hurt, Defamation, Trespass, etc. 

Example- Murder, Kidnapping, etc. 

Conclusion

Hence, not every cognizable offence is a non-bailable offence as they can be of serious nature and thus, some cognizable offences can be bailable in nature and some non-cognizable offences can be non-bailable in nature.
The Criminal Procedure Code, 1973 (CrPC) is the Procedural Criminal Code of India that classifies the offences into these major categories based on their nature of offences under Schedule I.
Offences that are serious in nature can be categorized as cognizable, non-bailable, and non-compoundable whereas less serious offences come under the category of non-cognizable, bailable and compoundable.

References

· https://www.youtube.com/watch?v=pYivG3i1o5E&ab_channel=FinologyLegal
· https://indiankanoon.org/doc/445276/
· https://lawrato.com/indian-kanoon/criminal-law/what-is-a-bailable-and-non-bailable-offence-in-india-613#:~:text=Bailable%20offences%20are%20those%20offences,in%20these%20types%20of%20cases.
· https://indiankanoon.org/doc/1569253/
· https://www.lawhousekolkata.com/2019/03/09/what-is-a-compoundable-and-non-compoundable-offence-in-india/#:~:text=Compoundable%20offences%20are%20those%20offences,charges%20dropped%20against%20the%20accused.
· https://www.javatpoint.com/cognizable-offence-vs-non-cognizable-offence#:~:text=A%20cognizable%20offence%20is%20an,the%20permission%20of%20the%20court

Author: Sneha Mahawar, Ramaiah Institute of Legal Studies

Leave a Comment

Your email address will not be published. Required fields are marked *