Law and You >Procedural Laws > CrPC > Interpretation Clause CrPC (2 M Questions)
a) What is bailable offence?
According to Section 2(a) of the Code of Criminal Procedure, 1973 ‘bailable offence’ means an offence which is shown as bailable in the First Schedule of the Code, or which is made bailable by any other law for the time being in force.
b) Who can give bail in bailable offence?
The Officer in charge of Police Station or the Court as the case may be can give bail in bailable offence.
c) Distinguish between bailable and Nonbailable offence.
| Bailable Offence | Non-Bailable Offence |
| It is defined u/s 2(a) of CrPC, as an offence that is shown as bailable in the 1st schedule, or which is made bailable by any other law for the time being in force. | It is also defined u/s 2(a) CrPC, as any other offence than bailable. |
| Bailable offence are considered less serious in nature. | Non-Bailable offence are considered more serious in nature. |
| As a general rule bailable offence are those in which punishment is for or less than 3 years. But there are some exceptions to this rule. | The quantum of punishment is high in non-bailable offence which may extend to life imprisonment. |
| In a bailable offence, bail can be claimed as a right. | In the case of a non-bailable offence, bail can’t be claimed as a right and the court or the police officer has the discretion to grant bail after considering facts and circumstances as per each case. |
| The right of bail is under Section 436 of CrPC | Provision for Non-Bailable offense is given u/s 437 of CrPC. |
| Being a member of an unlawful assembly, rioting, bribery, simple hurt are examples of bailable offences under IPC. | Murder, attempt to murder, dowry death, voluntary causing grievous hurt, kidnapping are examples of non-bailable offences under IPC. |
d) What is cognizable offence?
According to Section 2(c) of the Code of Criminal Procedure, 1973 ‘cognizable offence’ means an offence for which, and” cognizable case” means a case in which, a police officer may, in accordance with the First Schedule or under any other law for the time being in force, arrest without warrant;
e) Distinguish between Cognizable Offence and Non-Cognizable Offence.
| Cognizable Offence | Non-Cognizable Offence |
| It is defined in Section 2(c) of the Criminal Procedure Code, 1973. | It is defined in Section 2(l) of the Criminal Procedure Code, 1973. |
| Cognizable offence means an offence for which a police officer may, in accordance with the First Schedule or under any other law for the time being in force, arrest without a warrant. | A non-cognizable offence or a non-cognizable case has been defined in the Criminal Procedure Code as an offence for which the police have no authority to arrest without a warrant. |
| These offences are serious in nature. | These offences are less serious in nature. |
| The victim can file an FIR or make a complaint to the magistrate. | The victim can only make a complaint to the magistrate. |
| The police officer is bound to register the FIR even without the permission of the Magistrate. | The police officer is not bound to register the FIR and cannot register the FIR without prior permission of the magistrate. |
| Section 154 of CrPc provides that under a Cognizable offence or case, the Police Officer has to receive the First Information Report (FIR) relating to the cognizable offence, which can be obtained without the Magistrate’s permission and enter it in the General Diary to immediately start the investigation. An FIR sets the criminal law in motion. | Section 155 of CrPc provides that if a police officer receives information regarding the commission of a non-cognizable offence, he is supposed to enter the substance of the case in the station diary and refer the informant to approach the concerned Magistrate. |
| The police can start a preliminary investigation without the permission of the court or without registering the FIR. | The police officer cannot start the investigation without the permission of the court. |
| Example- Murder, Rape, Dowry Death, Kidnapping, Theft, Criminal Breach of Trust, Unnatural Offences | Example- Assault, Cheating, Forgery, Defamation, etc. |
f) What is Compoundable Offence?
Compoundable offences are the offences which are discussed in Section 320 of the Code of Criminal Procedure (CrPC), 1973. These are such offences in which the aggrieved person (the person who filed the complaint, i.e., the complainant) decides to dismiss the allegations against the accused.
g) What is Non-Compoundable Offence?
All the offenses which are not mentioned under section 320 of CrPC are classified as non-compoundable offenses. In these cases, the State or the police files a case and acts as the complainants hence it is not possible for them to enter into a compromise.
h) What is meant by ‘Charge’?
According to Section 2(b) of the Code of Criminal Procedure, 1973 ‘charge’ includes any head of charge when the charge contains more heads than one;
i) What is a ‘Complaint’?
According to Section 2(d) of the Code of Criminal Procedure, 1973 ‘complaint’ means any allegation made orally or in writing to a Magistrate, with a view to his taking action under this Code, that some person, whether known or unknown, has committed an offence, but does not include a police report.
j) What is meant by ‘Inquiry’?
According to Section 2(g) of the Code of Criminal Procedure, 1973 ‘inquiry’ means every inquiry, other than a trial, conducted under this Code by a Magistrate or Court;
k) Distinguish between ‘Investigation, Inquiry and ‘Trial’.
The investigation, inquiry and trial are three stages of a criminal case.
According to Section 2(h) of the Code of Criminal Procedure, 1973 “investigation” includes all the proceedings under this Code for the collection of evidence conducted by a police officer or by any person (other than a Magistrate) who is authorised by a Magistrate in this behalf.
According to Section 2(g) of the Code of Criminal Procedure, 1973 ‘inquiry’ means every inquiry, other than a trial, conducted under this Code by a Magistrate or Court;
A trial is a judicial proceeding that ends either with conviction or acquittal.
k) What is meant by investigation?
According to Section 2(h) of the Code of Criminal Procedure, 1973 “investigation” includes all the proceedings under this Code for the collection of evidence conducted by a police officer or by any person (other than a Magistrate) who is authorized by a Magistrate in this behalf.
l) What does ‘Judicial Proceedings’ include?
According to Section 2(i) of the Code of Criminal Procedure, 1973 “judicial proceeding” includes any proceeding in the course of which evidence is or may be legally taken on oath;
m) Define metropolitan area.
According to Section 2(k) of the Code of Criminal Procedure, 1973 “metropolitan area” means the area declared, or deemed to be declared, under section 8, to be a metropolitan area
n) Define offence.
According to Section 2(n) The Code of Criminal Procedure, 1973 ‘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 (1 of 1871)
o) Who is public prosecutor?
According to Section 2(u) The Code of Criminal Procedure, 1973 “Public Prosecutor” means any person appointed under section 24, and includes any person acting under the directions of a Public Prosecutor
p) Whom does a Public Prosecutor represent in trial?
A criminal offence, regarded as a public wrong is committed not only against the affected victims but against society as a whole. It is the public prosecutor who represents the interests of the state.
q) Define ‘Summons Case’.
According to Section 2(w) The Code of Criminal Procedure, 1973 “summons-case” means a case relating to an offence, and not being a warrant-case;
r) Who is called a Victim?
According to Section 2(wa) The Code of Criminal Procedure, 1973 “victim” means a person who has suffered any loss or injury caused by reason of the act or omission for which the accused person has been charged and the expression “victim” includes his or her guardian or legal heir
s) Define ‘Warrant Case’.
According to Section 2(x) The Code of Criminal Procedure, 1973 “warrant-case” means a case relating to an offence punishable with death, imprisonment for life or imprisonment for a term exceeding two years
t) Distinguish between ‘Summons Case’ and ‘Warrant Case’.
| Summons Case | Warrant Case |
| according to section 2 (w) of the Code of Criminal Procedure 1973, “summons case” which means a case relating to an offense, and not being a warrant case. | According to section 2 (x) after Criminal Procedure Code 1973, warrant case means a case relating to an offense punishable with death, imprisonment for life or imprisonment for a term exceeding 2 years. |
| The summons case can be converted into a warrant case. | A warrant case cannot be converted into a summons case. |
| In the summons, case summons shall be issued | In a warrant case, a warrant maybe issued. |
u) What cases under the category of ‘Warrant Case’ under the CrPC?
According to Section 2(x) The Code of Criminal Procedure, 1973 “warrant-case” means a case relating to an offence punishable with death, imprisonment for life or imprisonment for a term exceeding two years
v) For what type of offences summons trial is to be followed?
According to Section 2(w) The Code of Criminal Procedure, 1973 “summons-case” means a case relating to an offence, and not being a warrant-case i.e., cases other than cases relating to an offence punishable with death, imprisonment for life or imprisonment for a term exceeding two years can be summons trials.