Types of Criminal Offences in India

What is a Criminal Offence?

As per the Indian Penal Code, 1860, when an act forbidden by law is voluntarily done by a person, it constitutes a criminal offence. An act alone does not amount to guilt and is only considered an offence when the performance of such an act is accompanied by a guilty mind. The legal maxim & lsquo actus non facit reum, nisi men's sit rea' means that the two conditions for penal liability I.e. the guilty act and the guilty mind must be present for an act to be seen as a criminal offence. The Criminal Procedure Code, 1973, classifies criminal offences into certain categories such as cognizable, non-cognizable, bailable, and non-bailable offences. Different offences have different procedural treatments under Indian law.

The criminal offences which are witnessed in legal systems around the world are often categorized into broad heads on numerous criteria such as procedural characteristics or the intended victims. By way of this article, we shall attempt to understand these numerous classifications of criminal offences recognized in law.
 

What is the difference between a Criminal Case and Criminal Offence in India?

A criminal case and a criminal offence are also two distinct concepts that are defined under the Indian Penal Code and the Criminal Procedure Code. A criminal offence in India refers to any act or omission that is prohibited and punishable under the Indian Penal Code or any other criminal law enacted by the Indian Parliament or the state legislature. Examples of criminal offences in India include murder, theft, rape, kidnapping, forgery, etc. The punishment for a criminal offence in India can range from a fine to imprisonment for a term or even the death penalty in some cases. A criminal case in India, on the other hand, refers to the legal proceedings initiated by the state or the government to prosecute an individual or entity that is suspected of committing a criminal offence. The procedure for conducting a criminal case in India is laid down in the Criminal Procedure Code, which sets out various stages such as investigation, arrest, bail, trial, and appeal. The purpose of a criminal case in India is to establish the guilt of the accused person and to impose an appropriate punishment under the law. Hence, a criminal offence in India is an act or omission that is prohibited and punishable under criminal law, while a criminal case in India is the legal process initiated by the state or government to prosecute an individual or entity for committing a criminal offence.
 

What are the major categories of Criminal Offences?

The legal systems across the globe recognize numerous acts as criminal offences, however, these offences can be broadly categorized into the following five major categories, namely:

1. Criminal offences against a person:

These are the category of criminal offences that are perpetrated against the body or mental faculties of a person. Commission of such criminal offences results in either physical injury or mental harm to its victim. These are often considered grave and can be further classified into two categories i.e., the subclasses of homicide and other crimes of a violent nature. Some common examples of crimes against a person include murder, homicide, kidnapping, rape, etc.

2. Criminal offences against property:

Criminal offences which are carried out against the property of another person comprise this broad category. Although such crimes are primarily perpetrated against the property of another, they may also result in causing either physical or mental harm or both to a person as a direct consequence. They are often carried out to interfere with the lawful and peaceful possession of the property of another person. Some common examples of crimes against property include theft, robbery, etc.

3. Statutory criminal offences:

These include the broad category of offences that are deemed criminal by way of a statute and often overlap with the other category of crimes. The commission of these offences is specifically prohibited under special statutes such as those relating to the use of drugs, banned substances, or financial offences. Some common examples of statutory criminal offences include drunk driving, consumption of drugs, etc.

4. Inchoate criminal offences:

These offences relate to those which were commenced but not completed. This includes acts such as aiding the commission of a criminal offence or conspiring to perpetrate a criminal offence. Such acts to be considered criminal offences must include active and substantial steps by an accused to see through the commission of a criminal offence. The punishment for inchoate criminal offences can often be as grave as that prescribed for the commission of the actual criminal offence. These include aiding, abetting, conspiracy, attempt, etc.

5. Financial and other criminal offences:

These are offences that are carried out by way of acts such as fraud, deception, etc. to wrongfully obtain financial gain. These are often also referred to as white-collar crimes and include criminal offences such as fraud, embezzlement, tax evasion, etc.
 

What are the types of Criminal Cases or Offences under the Code of Criminal Procedure, 1973?

The code of criminal procedure, which lays down the procedure for trying criminal offences under the Indian justice delivery system classifies criminal offences into the following categories, namely:

• Bailable and non-bailable offences

• Cognizable and non-cognizable offences and

• Compoundable and non-compoundable offences

1. Bailable offences:

These types of criminal offences are defined in the code of criminal procedure under Section 2 (a), as the offences which are laid down in the first schedule of the code. Bailable offences are essentially those which are punishable with imprisonment of fewer than 3 years or with a simple fine only. Under the code of criminal procedure, bailable offences carry an unfettered right of bail, therefore a person arrested without a warrant for a bailable offence has an absolute right to be released on bail, given that such person is willing to pay the bail amount. Pertinently, the bail amount is fixed by a court of law, and the grant of bail is conditional upon an accused satisfying this demand. The code of criminal procedure also provides for the form which has to be filled by an accused while applying for bail.

Some common examples of bailable offences under the Indian penal code are common hurt, public nuisance, bribery, etc.

2. Non-bailable offences:

As the name suggests, non-bailable offences are those which do not accord the accused an unfettered right to bail. All the offences not included in the first schedule of the code of criminal procedure are non-bailable. These are defined as offences that are either punishable with the death penalty, life imprisonment, or rigorous imprisonment for more than seven years. In the case of non-bailable offences, the decision of granting bail is upon the discretion of a court of law which may be refused or granted subject to certain conditions as the court may deem fit. While deciding whether to grant or refuse bail to an accused, a magistrate must record the reasons for such a decision in the court's order. An application for bail in case of a non-bailable offence can be made by submitting form 45 as provided in the code of criminal procedure.

Some common examples of non-bailable offences under the Indian penal code include murder, dowry death, kidnapping, rape, etc.

3. Cognizable offences:

These are offences for which the code of criminal procedure grants the police administration the authority to arrest an accused person without a warrant. Therefore, because of this absolute authority granted to the police administration, cognizable offences are often always more serious offences of a grave nature which carry the more severe punishments under the Indian penal code. The first schedule of the code of criminal procedure provides a list of all offenses under the Indian penal code and other statutes which are categorized as cognizable.

Some common examples of cognizable offences under the Indian penal code are murder, rape, dowry death, etc.

4. Non-cognizable offences:

Contrary to cognizable offences, non-cognizable offences are those against which the police administration is not provided with the unfettered authority to arrest without a warrant. Non-cognizable offences are often more petty and menial offences, which do not entail severe punishments in law. The injured party in such cases are often private individuals and society as a whole is not considered a victim of the offence. Therefore, in the case of non-cognizable offences, the aggrieved/injured party is expected to approach the police administration or the judiciary and initiate criminal proceedings. It is for this reason that the police administration cannot carry out a formal arrest without the authority of a warrant. The warrants for arrest against a non-cognizable offence need to be issued by a court of law deeming the arrest of the accused essential to meet the ends of justice.

Some common examples of non-cognizable offences under the Indian penal code are forgery, cheating, defamation, etc.

5. Compoundable offences:

Compoundable offences are those which can legally be settled and put to a quietus by way of an agreement between the accused and the injured party. In the case of compoundable offences, the injured party can undertake to withdraw prosecution against the accused in exchange for some form of consideration or gratification, thereby settling. The code of criminal procedure under Section 320 provides the list of criminal offences which are compoundable in nature, however, this provision further classifies compoundable offences into two subclasses namely, those which can be compounded without the intervention of a court of law and secondly, those which can only be settled with the permission of a court of law. If the parties associated with the compoundable offence agree to settle the matter and reach a compromise, the court records such settlement and disposes of the criminal proceedings before it.

Some common examples of compoundable offences under the Indian penal code are wrongful confinement, criminal breach of trust, cheating, etc.

6. Non-compoundable offences:

These are offences that cannot be settled by way of agreement between the affected parties to the crime. All offences not mentioned in the list of compoundable offences under Section 320 fall under the category of non-compoundable offences. The compounding of such offences which are often graver in nature is against public policy and therefore, any agreement executed to affect the compounding of a non-compoundable offence is void in the eyes of law. Even amongst the courts in India, it is only the apex court i.e., the supreme court which can permit the compounding of a non-compoundable offence.

Some common examples of non-compoundable offences under the Indian penal code are murder, rape, dowry death, etc.
 

Why do you need a lawyer in a Criminal Case?

As a citizen bound by the letter of law, it is important to understand the intricacies of the criminal justice system which is incomplete without a proper understanding of the numerous types of criminal offences punishable by law. A holistic understanding of these broad categories as discussed above is only possible with the aid of a trained criminal lawyer who can impart necessary information that will best help protect and enforce your rights before a court of law. A trained lawyer can ensure that your case or dispute is handled with the expertise required to traverse the justice delivery mechanisms put in place by the state and thus best protect your interests. Therefore, the first step for any person embroiled on either side of a criminal dispute is to seek the services of a good criminal lawyer.

Advocate Chikirsha Mohanty

4.0 | 2+ user ratings Greater Kailash - 1, Delhi
5 years

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