Different types of offences in India.


As earlier, we have already discussed enough about the offences and their punishments based on the most popular judgments of the various Session Courts, High Courts including the Honorable Supreme Court of India and the Prescriptions as made in the CrPc and Indian Penal Code. First of all lets understand, what the term "Offence" mean in India. 


According to Section 2(n) of CrPC - "Offence" means any act or omission made punishable by any law for the time being in force and includes any act in respect of which a complaint may be made under section 20 of the Cattle-trespass Act, 1871.

In a simple language  - It's a breach of Law or rule of a country that may be regarded as an illegal act and requires a particular punishment, prescribed by the legislation of the respective Country or State.

An offence can be distinguished based on the nature and/or the magnitude of the punishment. In India, generally, an offence can be classified as the below: 


Cognizable offence

A cognizable offence is one where a police officer may arrest a person without a warrant and can launch investigations against the accused person, without Court orders.
Example: Rape, Murder, Domestic violence, Dowry related Case, Any hate Crime against women, Crimes under SC/ST Act (Prevention of Atrocities Act, 1989), Pronouncement of Talaq (under triple talaq) by muslim Man.


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Non-Cognizable offence

In a Non - Cognizable offence a police officer may not arrest a person without a warrant and an investigation cannot be initiated without a prior permission of the court.
Example: Creating public nuisance, mischief and Defamation.



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Compoundable offence

Compounding refers to the procedure where the two sides agree to stop legal proceedings, and settle the dispute. The terms and conditions of the compounding will be as determined by the Magistrate.
Example: Triple Talaq Cases after amendment of “The Muslim Women (Protection of Rights on Marriage) Bill, 2017”.



Non-Compoundable offence

These are extremely serious nature of crimes in which Parties or even the courts do not have the exercisable authority and powers to compound such offence.
Example: Cases of Cruelty against women under Domestic violence Act, Dowry Act and some cases under SC/ST Act (Prevention of Atrocities Act, 1989).




Bailable offence

Bailable offence is one which is not considered very serious in nature. The arrested person can be released after bail even from the police station. In this case the police has power to grant the bail to the accused.
Example: Unlawful assembly, violation of traffic rules, false statement, adulteration in food.



Non-Bailable offence

These offences are regarded as grave and serious offences, In such cases only Magistrate may grant bail to the accused after hearing if he is satisfied (a matter of discretion) that there are reasonable grounds for granting bail.
Example: Murder, Rape, All hate crimes against women, offences relating to Atrocities on a member of sc/st.

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