Types of Offenses

Introduction

• New version of the three major criminal laws of Indian law
• New nature and method of offenses
• The old laws have been replaced by new ones by the parliament

Three Main Laws

1. Indian Penal Code (IPC)

   • What act will be an offense and what will be the punishment

2. Criminal Procedure Code (CrPC)

   • Process of arrest, investigation, and trial

3. Indian Evidence Act

   • On whom will the burden of proof in any case rest

Definition of Offense

• Any act prohibited by law is an offense

Categories of Offenses

• Serious Offenses

  • Examples: Rape, murder, dowry death
  • Generally cognizable, non-bailable, and non-compoundable

• Less Serious Offenses

  • Examples: Assault, defamation
  • Non-cognizable, bailable, and compoundable

Cognizable and Non-cognizable Offenses

• Cognizable Offense

  • The police can take action on their own
  • No warrant is required
  • FIR is registered

• Non-cognizable Offense

  • The police cannot take action without a complaint
  • A warrant is required
  • Permission for investigation must be obtained

Bailable and Non-bailable Offenses

• Bailable Offense

  • Punishment of less than 3 years
  • Person can request bail

• Non-bailable Offense

  • Punishment of more than 3 years
  • Bail depends on the discretion of the court

Compoundable and Non-compoundable Offenses

• Compoundable Offense

  • Parties can negotiate a settlement
  • Example: Defamation

• Non-compoundable Offense

  • Parties cannot negotiate a settlement
  • Example: Rape, murder

Conclusion

• Proper knowledge of categories of crimes is essential
• CrPC Schedule 1 is helpful
• Enhance your understanding of these topics and teach friends too

This was a brief overview of our class today. To learn more and gain in-depth understanding of these subjects, be sure to check out my new course.