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.

Value of Time