Thursday, 30 June 2022

Types of Offences

 Types of offences

Offences can be categorised as serious offence or less serious offence.

Generally cognizable offences are more serious in nature compare to non-cognizable offence..

Non-bailable offence is serious in nature compared to bailable offence.

Non-compoundable offence are more serious in nature compare to compoundable offence.

Warrant case are more serious in nature tham summons case.

So, Cognizable offence is mentioned under section 2(c) of CrPc

It says in this kind of offence the police can arrest without warrant.

When a magistrate orders or gives permission to the police to arrest a particular person for an offence committed is called a warrant.

As we all know, cognizable offences are serious offences .So ,a police does not require permission from the magistrate to arrest the person when the offence is serious . Offences like -Murder , rape , dowry , death etc.

Non-cognizable offences mentioned under section 2 (L) of CRPC and it says police cannot arrest without warrant. The offences are less serious in nature . For example – Assault , cheating , forgery .

Bail can be obtained by the accused or offender in both bailable or non-bailable offences.But under Bailable offence , Seeking bail is available as the right of a person.

Under non-bailable offence bail is not guaranteed or is available as a right of the person but bail is provided according to the discretion of the authority(police or court) . It is mentioned under section 437 of CRPC.

Compoundable offences

Compounding is basically a compromise made between two parties

For example .Robin was robbed by Saina,Saina gets caught and offers a deal to Robin saying that she would pay him Rs.10,000 for the same cause.

They both come to a conclusion and compromise .Thus ,rendering Robin drop the charges on Saina.

Compoundable offences 

Court usually refers friendly settlement between two parties in case of any dispute as the time of the court is saved .It is only available for less serious offences .

While under non-compoundable offences compromise between two parties is not allowed or permitted by the court as under non-compoundable offences the offences are of serious kind.
Summons case is defined under section 2(w) of CrPC.

Warrant cases defined under section 2 (x) of CrPC

It is said to be as summons case when the punishment for the offence committed is up to 2 years or less. They are not so serious offence.

General rule of summons case is that in case the accused or offender is required to be physically present in the court ,summons is sent to him/her.

Warrant case is defined under section 2(x) of the CrPC.

Warrant cases are serious offences, under this, offences with punishment for more than two years are considered.

In case the offender or accused has been ordered to be physically present in the court a warrant is said to him/her.Though it is not a general rule that under summons case summons has to be sent and under warrant case a warrant has to be sent .

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