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Gift Deed, Release Deed / Relinquishment deed & Transfer Deed

  A gift deed allows one to gift her assets or transfer ownership without any exchange of money. The gift of immovable property must be in accordance with section 122 of the Transfer of Property Act, 1882 (TOPA). Gift deed transfer share of the property voluntarily, without consideration, and it must be accepted by other party during the lifetime of executor while capable of giving.

The transfer must be effected by a registered and stamped instrument signed by or on behalf of gift deed executor and must be attested by at least two witnesses in accordance with section 123 of TOPA. Stamp duty is payable on the gift deed. It is governed by the provisions of the Maharashtra Stamp Act, 1958, if the property is situated in Maharashtra.

The stamp duty payable, where the gift is being made to a son, will be 2% of the market value (ready reckoner value) of the property.

The gift deed will also have to be registered and registration charges will be payable.

(ii) A release deed is quite different from a gift deed, though the legal implications are the same. You can use this instrument if you want to transfer your rights in a particular property to another joint owner(s)/co-owner(s). Such a transfer is irrevocable even if it is without any exchange of money or for monetary consideration.

As with all documents related to the transfer of immovable property, a release deed needs to be signed by both parties, stamped and registered. You should note that stamp duty will be applicable only on the portion of the said property that is relinquished and not on its total value.

(iii) You can also purchase share in the property by executing a deed of transfer and on payment of consideration for the same. No sale can take place or no deed of transfer can be executed without payment of consideration. Stamp Duty will be payable on the deed of transfer in accordance with the provisions of the Maharashtra Stamp Act, 1958 and the deed will also have to be registered.

Please note that it is mandatory to register a gift deed, release deed or transfer deed with the sub-registrar of assurances as per Section 17 of the Registration Act 1908, otherwise the transfer will be held invalid. 

Thus, on execution of any of the aforementioned documents, the same will be required to be registered with the office of the sub-registrar of assurances within whose sub-district the whole or some portion of the property is situated, within a period of four months from the date of execution of any of the aforementioned documents.

Types of Evidence

  Indian evidence act contains a set of rules and allied issues governing admissibly of any evidence in the Indian courts of law originally passed by the British parliament. The Indian evidence act contains eleven chapters and 167 sections and came to force 1^st September 1872, during the time in which India was a part of British Empire. It was framed by sir James Fitz James Stephen .Now in this 21^st century law of evidence had become one of the most important laws administered by the Indian civil and criminal courts. It is playing an imperative role to determine the question of relevance or irrelevance of evidence that explicitly supports judgments.

 The word, evidence is derived from the Latin word evidence or evidere, which means “ to show clearly; to make clear to the sight; to discover clearly; to make plainly certain; to ascertain; to prove”.

   The main principle which underlie the law of evidence are-

(1) Evidence must be confined to the matter in issue;

(2) Hearsay evidence must not be admitted; and

(3) Best evidence must be given in all cases.

  The evidence was classified into different types in the Indian evidence act……

(a)Best and oral evidence,

(b)Circumstantial evidence,

(c)Direct evidence,

(d)Hearsay evidence,

(e)Corroborative evidence,

(f)Documentary evidence,

(g)Primary and secondary evidence,

(h)Real evidence

Oral evidence

  Oral evidence perceived something by that sense by which it is capable of perception, should make the statement about it and no one else. It is explained under section 60 of the Indian evidence act. Oral evidence must, in all cases, whatever, be direct; that is to say; If it refers to a fact which could be seen, it must be the evidence of a witness who says he heard it;  If it refers to a fact which could be heard, it must be the evidence of a witness who says he heard it;  If it refers to a fact which could be perceived by any other sense or in any other manner, it must be the evidence of a witness who says he perceived it by that sense or in that manner;

  If it refers to an opinion or to the grounds in which that opinion is held, it must be the evidence of the person who holds that opinion on those grounds - Provided that the opinion of experts expressed in any treatise commonly offered for sale, and the grounds on which such opinions are held, may be proved by the production of such treatise if the author is dead or cannot be found or has become incapable of giving evidence or cannot be called as a witness without an amount of delay or expense which the Court regards as unreasonable.

Real evidence

   It is also explained under section 60 of the Indian evidence act

“Provided also that, If oral evidence refers to the existence or condition of any material things other than a document, the court may, if it thinks fit, require the production of such material thing for its inspection.” For e.g. weapons, scar of wounds or other injury like loss of leg or hand.”

Circumstantial evidence:

  Circumstantial evidence means the evidence of circumstances and is sometimes referred to presumptive evidence:

A is charged with the murder of B. At the trial a witness C , on behalf of the prosecution, gives evidence that he saw A running away from the  murder place, with blood stained knife in his hand, evidence given by C will be called circumstantial evidence.

Hearsay evidence:

  The reasons why hearsay evidence is not received as relevant evidence are: (a) the person giving such evidence does not feel any responsibility. If he is concerned he has line of escape by saying” I do not know, but so and so told me.” (b) Truth is diluted and diminished with each repetition: and , (c ) if permitted, gives ample scope for playing fraud by saying,” someone told me that..” It would be attaching importance to a false rumor flying from one foul lip to another.

Corroborative evidence:

  Sec 156 and 157 says: When a witness whom it is intended to corroborate gives evidence of any relevant fact, he may be questioned as to any other circumstances which he observed at or place at which such relevant fact occurred, if the court is of opinion that such circumstances, if proved, would corroborate the testimony of the witness as to the relevant fact which he testifies. A sees B hit by a car and run over. The car does not stop but A notes the number He lodges a complaint to police. Police arrests driver and put him for trial rash and negligent driving  A is the principle witness, when he gives oral evidence but at the end, the complaint given by him to the police, shown to him regarding accident and if he says yes, it is marked as exhibit, it is corroborative evidence.

Documentary evidence:

  Documentary evidence is defined in the Act as:  All documents produced for the inspection of the court. The purpose of producing document, is to rely upon the truth of the statement contained therein. This involves, When the document produced in the court, the examination of  three questions: (i) is the document genuine, (ii) what are its contents, and (iii) are the statement  in the document true?

Documents are divided into two categories, public and private.

Sec 74-  The following document are public documents..

(1) Document forming the acts or records of the acts-

            i.Of the sovereign authority

           ii.Of official bodies and tribunal, and

        iii.Of public officers, legislative, judicial and executive, of any part of India or of the commonwealth, or of a foreign country;

(2) Public record kept in any State of private document.

The kind of documents that are mentioned in sec 74(2) are documents made between private parties, but a record of them is kept in the registration office under the registration act, for example wills and sale deeds.

Sec.75 says –” all other documents are private.”

Sec.76-Certified copies of Public Documents- Every public officer having the custody of a public document, which any person has a right to inspect, shall give that person on demand a copy of it on payment of the legal fees there for together with a certificate written at the foot of such copy that it is a true copy of such document or part thereof, as the case may be, and such certificate shall be dated and subscribed by such officers with his name and his official title, and shall be sealed whenever such officer is authorized by law to make use of a seal, and such copies so certified shall be called certified copies.

Explanation - Any officer who, by the ordinary course of official duty, is authorized to deliver such copies, shall be deemed to have the custody of such documents or parts of the public documents of which they purport to be copies.

Primary and secondary Evidence:

 There is an original document; a photograph is taken and a manuscript is made from the photograph, and compare either  with the original or  photograph. The original is primary evidence. The photograph and copy is secondary evidence coming under Sec 63(2). That requires that the first copy should have been made by a mechanical process ensuring the accuracy of the copy.

Section 65 specifies in what cases secondary evidence will be received. Example- when a original is shown or appear to be in possession or power- of  the person against whom the document is sought to be proved, or of any person out of reach of, or not subject to, the process of the court, or of any person legally bound to produce it, and when, after the notice mentioned in sec 66, such person does not produce it. When the original document is lost or destroyed then secondary evidence of the contents of the document is admissible.

Admissibility of electronic records:

  (Sec 65 A and B) Any information contained in an electronic record which is printed on a paper, stored, recorded or copied in optical or magnetic media produced by a computer (computer output) shall be deemed to be also a document. Provided the computer output was produced by the computer during the period over which the computer was used regular or process information.

Direct evidence:

  Direct evidence is referred to sometimes as original. A is charged with the murder of B by stabbing him. C,D.E,F,G and H are witnesses. At the trial a witness C says he saw A stab B. D says he heard B cry out that A was stabbing him. E says that A saw running with blood stained knife. F says he saw A washing blood stained clothes. G, who is doctor says that the knife found in A’s possession might be caused the wound. H says he heard from C’s evidence is direct evidence.

 Coming to conclusion the Indian evidence act This Act is not applicable for domestic tribunals (such as Industrial Tribunal, Administrative Tribunal etc.) and non-judicial proceedings (such as Departmental inquiries, affidavits presented to a Court etc., proceedings under defense discipline acts)tribunals do not follow law of law of evidence because they believe in natural justice.

  Indian Evidence Act applies to both Civil and Criminal proceedings. However, some sections are applicable only to Civil, some only to Criminal and some to both. The Act has put more burden of proof on the prosecution to provide the guilt of the accused. The degree of proof required is stricter in criminal proceeding than in a civil proceeding. In a criminal proceeding, the accused must be proved guilty beyond all reasonable doubts.

Types of Evidence

        

Indian evidence act contains a set of rules and allied issues governing admissibly of any evidence in the Indian courts of law. Evidence Act was originally passed by the British parliament. The Indian evidence act contains eleven chapters and 167 sections and came to force on 1^st September 1872. It was framed by sir James Fitz James Stephen. Evidence Act is an Act which administered Indian civil and criminal courts and it plays an important role in determing the question of relevance or irrelevance of evidence. 

The word, evidence is derived from the Latin word evidence or evidere, which means “ to show clearly; to make clear to the sight; to discover clearly; to make plainly certain; to ascertain; to prove”.

The main principle which underlie the law of evidence are-

 (1) Evidence must be confined to the matter in issue;

 (2) Hearsay evidence must not be admitted; and

  (3) Best evidence must be given in all cases.

The evidence are classified into different types in the Indian evidence Act, which as follows:

      (a) Best and oral evidence,

      (b) Circumstantial evidence,

      (c ) Direct evidence,

      (d) Hearsay evidence,

      (e) Corroborative evidence,

      (f) Documentary evidence,

      (g) Primary and secondary evidence,

      (h) Real evidence 

Oral evidence

  

Oral evidence is defined under Section 60 of Evidence Act. It must, in all cases, whatever be, must be direct; that is to say; If it refers to a fact which could be seen, it must be the evidence of a witness who says he seen it;  If it refers to a fact which could be heard, it must be the evidence of a witness who says he heard it;  If it refers to a fact which could be perceived by any other sense or in any other manner, it must be the evidence of a witness who says he perceived it by that sense or in that manner; If it refers to an opinion or to the grounds in which that opinion is held, it must be the evidence of the person who holds that opinion on those grounds - Provided that the opinion of experts expressed in any treatise commonly offered for sale, and the grounds on which such opinions are held, may be proved by the production of such treatise if the author is dead or cannot be found or has become incapable of giving evidence or cannot be called as a witness without an amount of delay or expense which the Court regards as unreasonable.

Real evidence

It is also explained under section 60 of the Indian evidence act

“Provided also that, If oral evidence refers to the existence or condition of any material things other than a document, the court may, if it thinks fit, require the production of such material thing for its inspection.” For e.g. weapons, scar of wounds or other injury like loss of leg or hand.”

Circumstantial evidence:

Circumstantial evidence means the evidence of circumstances and is sometimes referred to presumptive evidence:

A is charged with the murder of B. At the trial a witness C, gives evidence that he saw A running away from the  murder place, with blood stained knife in his hand, evidence given by C will be called circumstantial evidence.

Hearsay evidence:

The reasons why hearsay evidence is not received as relevant evidence are: (a) the person giving such evidence does not feel any responsibility. If he is concerned he has line of escape by saying” I do not know, but so and so told me.” (b) Truth is diluted and diminished with each repetition: and , (c ) if permitted, gives ample scope for playing fraud by saying,” someone told me that..” It would be attaching importance to a false rumor flying from one foul lip to another.

Corroborative evidence:

Sec 156 and 157 says: When a witness whom it is intended to corroborate gives evidence of any relevant fact, he may be questioned as to any other circumstances which he observed at or place at which such relevant fact occurred, if the court is of opinion that such circumstances, if proved, would corroborate the testimony of the witness as to the relevant fact which he testifies. A sees B hit by a car and run over. The car does not stop but A notes the number He lodges a complaint to police. Police arrests driver and put him for trial rash and negligent driving  A is the principle witness, when he gives oral evidence but at the end, the complaint given by him to the police, shown to him regarding accident and if he says yes, it is marked as exhibit, it is corroborative evidence.

Documentary evidence:

Documentary evidence is defined in the Act as:  All documents produced for the inspection of the court. The purpose of producing document, is to rely upon the truth of the statement contained therein. This involves, When the document produced in the court, the examination of  three questions: (i) is the document genuine, (ii) what are its contents, and (iii) are the statement  in the document true?

      

Documents are divided into two categories, public and private document.

Sec 74-  The following document are public documents..

   (1) Document forming the acts or records of the acts-

1. Of the sovereign authority
2. Of  official bodies and tribunal, and
3.  Of public officers, legislative, judicial and executive, of any part of India or of the commonwealth, or of a foreign country;

  (2) Public record kept in any State of private document.

The kind of documents that are mentioned in sec 74(2) are documents made between private parties, but a record of them is kept in the registration office under the registration act, for example wills and sale deeds.

Sec.75 says –” all other documents are private.”

Sec.76-Certified copies of Public Documents- Every public officer having the custody of a public document, which any person has a right to inspect, shall give that person on demand a copy of it on payment of the legal fees there for together with a certificate written at the foot of such copy that it is a true copy of such document or part thereof, as the case may be, and such certificate shall be dated and subscribed by such officers with his name and his official title, and shall be sealed whenever such officer is authorized by law to make use of a seal, and such copies so certified shall be called certified copies.

Explanation - Any officer who, by the ordinary course of official duty, is authorized to deliver such copies, shall be deemed to have the custody of such documents or parts of the public documents of which they purport to be copies.

    

Primary and secondary Evidence:

     

There is an original document; a photograph is taken and a manuscript is made from the photograph, and compare either  with the original or  photograph. The original is primary evidence. The photograph and copy  is secondary evidence coming under Sec 63(2). 

Section 65 specifies in what cases secondary evidence will be received. Example- when a original is shown or appear to be in possession or power- of  the person against whom the document is sought to be proved, or of any person out of reach of, or not subject to, the process of the court, or of any person legally bound to produce it, and when, after the notice mentioned in sec 66, such person does not produce it. When the original document is lost or destroyed then secondary evidence of the contents of the document is admissible.

Admissibility of electronic records:

(Sec 65 A and B) Any information contained in an electronic record which is printed on a paper, stored, recorded or copied in optical or magnetic media produced by a computer (computer output) shall be deemed to be also a document. Provided the computer output was produced by the computer during the period over which the computer was used regular or process information. 

Direct evidence:

Direct evidence is referred to sometimes as original. A is charged with the murder of B by stabbing him. C,D.E,F,G and H are witnesses. At the trial a witness C says he saw A stab B. D says he heard B cry out that A was stabbing him. E says that A saw running with blood stained knife. F says he saw A washing blood stained clothes. G, who is doctor says that the knife found in A’s possession might be caused the wound. The above testimony of witnesses are called direct evidence. 

  

Coming to conclusion the Indian evidence Act is not applicable to domestic tribunals (such as Industrial Tribunal, Administrative Tribunal etc.) and non-judicial proceedings (such as Departmental inquiries, affidavits presented to a Court etc., proceedings under defense discipline acts) because they follow principles of natural justice.

Indian Evidence Act applies to both Civil and Criminal proceedings. However, some sections are applicable only to Civil, some only to Criminal and some to both. The degree of proof required in criminal proceeding is stricker than in a civil proceeding. In a criminal proceeding, the accused must be proved guilty beyond all reasonable doubts.

Case Status Terms Meaning Which Use in Court

                                                                                    

JUDGMENT

After hearing the arguments (oral submissions) from both the parties to the proceedings, Court is to fix the date for Judgment (Final Order).

ARGUMENT

After recording of Evidence from both the parties, Court hears oral submission from both the sides in support of their respective stand. The process of hearing such oral submission is known as Argument. At the time of argument respective counsels for the parties put forth their submissions with citations to convince court on the issue in question.

EVIDENCE (PH) / Evidence (Partly Heard)

When the process of recording of evidence is initiated and matter adjourned for recording further evidence by giving next date, stage of such matter is notified as evidence (partly heard).

When the evidence of the defence is to be secured, the state Evidence (Defence) is mentioned. In criminal matters instituted by other wise than police report, evidence is also recorded before issuance of process, the state Evidence Before Process is mentioned in such matters.

HEARING

Hearing includes recording of evidence or also hearing of arguments i.e. Oral submission by the parties.

U/S 313 OF Cr.PC

The criminal case is fixed for this purpose to record a statement of accused on the point of incriminating evidence collected against him during the course of trial.

NOTICE (READY)

When notice is required to be issued to the party to proceeding at the middle stage of its progress/trial i.e. When matter is ready for effective hearing, state Notice (Ready) is given.

SUMMONS (READY)

When summons are required to be issued to the party to proceeding at the middle stage of its progress/trial i.e. When matter is ready for effective hearing, state Summons (Ready) is given.

CHARGE

At this stage court prepares a document on the basis of which charges levelled against an accused are read over and explained to him and to which he either pleads guilty or claims a trial by denying the charges leveled against him.

FIXING DATE OF HEARING

When matter becomes ready/effective to under take hearing, court use to fix date for hearing of the said matter.

PAPER BOOK

To facilitate hearing of the appeal (both civil and criminal), copies of relevant documents in the proceedings are prepared on depositing costs by the appellant or party requesting for the same. A bunch of such document is known as paper book. The work of preparation of paper book starts after the receipt of Recorded & Proceeding from trial Court and all respondents are appeared in the matter then file send to paper book section for preparation of paper book.

NOTICE (UNREADY)

When notice is requried to be issued to the party to proceeding at the initial stage of its trial i.e. state notice (Unready ) is given.

AWAITING SUNMMONS

When summons are issued against party to the proceeding, matter is kept pending awaiting report of service of such summon.

N.B.W.(READY)

When Non bailable warrant is issued against accused in a case at the middle stage of the trial, i.e. When matter is ready/effective, this stage is given either for issuing such NBW or awaiting report of the same.

B.W.(READY)

When bailable warrant is issued against accused in a case at the middle stage of the trial, i.e. When matter is ready/effective, this stage is given either for issuing such BW or awaiting report of the same.

N.B.W. (UNREADY)

When Non bailable warrant is issued against accused in a case at the initial stage of the trial, i.e. When matter is unready/ineffective, this stage is given either for issuing such NBW or awaiting report of the same.

B.W. (UNREADY)

When bailable warrant is issued against accused in a case at the initial stage of the trial, i.e. When matter is unready/ineffective, this stage is given either for issuing such BW or awaiting report of the same.

ADMISSION & DENIAL

In every proceeding, parties file several documents. To curtail volume of evidence to be adduce, at this stage parties are called upon to either admit or deny the documents filed by other side. Excluding the admitted facts, issues are framed by the court. Parties are required to adduce evidence on the issues framed as per burden of proof.

AWAITING R & P OF LOWER COURT

When record and proceedings of lower court is ordered to be called for, writ for the same is issued. Matter is posted awaiting Record and Proceedings of lower court.

R & P (READY)

When during the course of hearing of the matter record and proceedings from other court is called either suo moto by the court or on the request of parties,this stage is given to the proceedings either for calling such R&P or for awaiting the same.

FILING OF V.P.

When party desires to engage another advocate or advocate for party just appears and files pursis/appearance memo; and seeks time to file vakil patra, stage filing of V.P., is assigned to the matter,.APPEARANCE :

FILING OF V.P. (UNREADY):- When filing of vakil patra becomes necessary at the middle stage of the proceedings/trial, this stage is given.

ORDER

In proceedings after hearing both the sides several misc. applications are to be decided by passing orders. In addition to this several consequential orders on failure to appear, failure to comply with the directions issued by courts are to be passed. Stage order is therefore fixed in such matters.

ORDER ON EXH

When order is to be passed on interim application, stage order on exhibit number of such misc. application is given.

FILING OF VAKILPATRA:- Pl. refer explanation of stage shown at sr.no. 20 and 21 above.

FILING OF SAY ON EXH____(READY)

When party files misc. application seeking interim relief during the course of trial, court use to call say of other side. If at such stage matter is in ready state, this stage is known as Filing of say on Exh. (Ready).

Discussion Vs Argument

Classification Of Offences

 Offences can be classified under any of the following heads:

1. Bailable and non-bailable offence

2. Cognizable and non-cognizable offence

3. Compoundable and non compoundable offence.

Bailable and Non-Bailable Offence

A bailable offence is one, in which, bail is a matter of right, and non bailable offence is one, in which granting of bail is discretion of the court.

Bailable Offence

In case of bailable offence, the grant of bail is a mater of right. It may be either given by a police officer who is having the custody of Accused or by the court.

The accused may be released on bail, on executing a bond, know as "bail bond", with or without furnishing sureties.

The "bail Bond" may contain certain terms and conditions, such as: the accused will not leave the territorial jurisdiction of the state without permission of court or police officer, the Accused shall be presence before police officer every time, he is required to do so, the Accused will not tamper with any evidence whatsoever, considered by police in the investigation etc.

The court is empowered to refuse bail to an accused person even if the offence is bailable, where the person granted bail fails to comply with the conditions of the bail bond.

Non Bailable Offence

A non-bailable offence is one in which the grant of Bail is not a matter of right. Here the Accused will have to apply to the court, and it will be the discretion of the court to grant Bail or not.

Again, the court may require the accused to execute a "Bail-Bond with some stringent conditions.

The court may generally refuse the Bail, if: "Bail Bond" has not been duly executed, or if the offence committed is one, which imposes punishment of death or Life imprisonment, such as "Murder " or "Rape" or the accused has attempted to abscond or his credentials are doubtful.

Application for Bail

The application for bail shall be filed before the Magistrate, who is conducting the trial. The application after being filed is usually listed on the next day. On such day, the application will be heard, and the police shall also present the accused in court. The magistrate may pass such orders, as he thinks fit.

If the bail is granted, the accused will have to execute a "Bail Bond".

On execution of bail-bond the accused is out of prison only on such terms and conditions, as contained in the "Bail-Bond".

The amount of every bond, i.e. the security shall be reasonable, and no excessive ( sec 440)

If, at any point of time, the terms and conditions of bail are not fulfilled, the "Bond" shall be forfeited.

The application for Bail shall be made in the form prescribed and the designation of judge / Magistrate, should be clearly mentioned.

The application shall also contain an undertaking, that the accused, shall fulfill all the conditions as contained in the Bail- Bond.

Procedure Once Bail is Granted

When the bail has been granted the accused shall execute a "Bail-Bond" and furnish sureties and security for amount as required.

When the bond has been duly executed, the accused shall be released, and if he is in prison, then an order of Release shall be issued to the officer in charge.

If the accused is charged for two separate offences, then, he shall have to execute and satisfy Bail Bond for both of them.

When Bail may be Revoked or Bail Bond be Forfeited

Following are the instances, when a bail may be revoked, or Bail Bond is forfeited;

Where, the accused fails to fulfill or commits, breach of any terms and conditions of the bond.

Where the accused, fails to furnish the required number of sureties or fails to deposit the security amount

Where, the sureties accepted at the time of bail, or turn out afterwards to be insufficient, fraud or has been accepted under mistake.

Where any of the sureties to the bail bond, applies to the magistrate for his own discharge

Where one of the original surety dies or becomes insolvent, and if accused fails to bring another surety.

In all these cases, the magistrate or court has power to remand the accused to prison, until fresh bond and fresh terms are executed.

Appeal from Forfeiture of Bond

Where, a bond has been forfeited, or bail has been cancelled, an appeal can be made against such an order.

Where an order has been made by a magistrate, an appeal shall lie to a sessions judge or where an order has been made by a court of sessions then appeal shall lie to the same court, where ordinarily-- appeal would lie against sessions judge.

Cognizable and Non-Cognizable Offence.

Offences can also be classified on the basis of "Cognizable offence" and "Non-cognizable" offence. In brief the difference between these two are as follows:

Cognizable offences: An offence, where a police offer can arrest without a warrant.

Non-cognizable offences: An offence, where a police officer can arrest only with a warrant.

Cognizable Offences

Cognizable offences are those where a police officer can arrest without warrant.

And in such cases, after arrest has been made, the accused will be produced before a magistrate, and he may require the police officer to investigate the matter.

After investigation, if the case is made out, i.e. charge sheet filed goes against accused, the magistrate can order for arrest.

During the pendency of trial, bail application can be moved before the concerned magistrate.

Cognizable offences are both bailable, and non-bailable.

Non Cognizable Offences

Non cognizable offences are those, where a police officer cannot arrest without a warrant.

In such offences for arrest, all the steps have to be followed like

* Filing of complaint/F.I.R.

* Investigation

* Charge sheet,

* Charge sheet to be filed in court

* Trial

* Final order of arrest if case has been made out.

Compoundable and Non Compoundable Offences

Criminal offences can also be classified as compoundable and non-compoundable offences.

Compoundable Offences

Compoundable offences are those offences where, the complainant (one who has filed the case, i.e. the victim), enter into a compromise, and agrees to have the charges dropped against the accused. However such a compromise, should be a "Bonafide," and not for any consideration to which the complainant is not entitled to.

Application for compounding the offence shall be made before the same court before which the trial is proceeding. Once an offence has been compounded it shall have the same effect, as if, the accused has been acquitted of the charges.

The code of criminal procedure lays down, i.e. bifurcated, the offences, which are compoundable, and which are non-compoundable.

Non Compoundable Offences

There are some offences, which cannot be compounded. They can only be quashed. The reason for this is, because the nature of offence is so grave and criminal, that the Accused cannot be allowed to go scot-free. Here, in these types of cases generally, it is the "state", i.e. police, who has filed the case, and hence the question of complainant entering into compromise does not arise.

All those offences, which are not mentioned in the list under section (320) of CrPC are non-compoundable offences.