Law and You >Procedural Laws > CrPC > Interpretation Clause CrPC (Short Notes)
In this article we shall understand some fundamental terms and concepts of CrPC viz: bailable offence, non bailable offence, complaint, investigation, inquiry, and trial.
a) Bailable 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).
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. The Police Officer or the Court as the case may be can give bail in bailable offence.
The object of “Bail” in civil cases is whether directly or indirectly to secure payment of a debt or performance of other civil duties, while in criminal cases object is to secure the appearance of the accused before the Court when his presence is needed. Bail may thus be regarded as a mechanism whereby the state devaluates upon the community the function of securing the presence of the prisoner, and at the same time involves the participation of the community in the administration of justice.
- Bailable offence are considered less 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.
- In a bailable offence, bail can be claimed as a right.
- The right of bail is under Section 436 of CrPC
Being a member of an unlawful assembly, rioting, bribery, simple hurt are examples of bailable offences under IPC.
In Abdul Aziz v. State of U.P.¸2002 Cri LJ 2913 case, the Court observed that the first Schedule of CrPC consists of two parts, the first part is regarding the offences under the I.P.C. and the second part is regarding offences against other law. The second part provides that if the offence is punishable with imprisonment for less than three years of fine only it shall be bailable and can be tried by any Magistrate.
b) Non-Bailable 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).
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 and “non-bailable offence” means any other 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. The court may require the accused to execute a “Bail-Bond with some stringent conditions. Section 437 of the Code of Criminal Procedure deals with the aspect of Non-Bailable Offences.
The object of “Bail” in civil cases is whether directly or indirectly to secure payment of a debt or performance of other civil duties, while in criminal cases object is to secure the appearance of the accused before the Court when his presence is needed. Bail may thus be regarded as a mechanism whereby the state devaluates upon the community the function of securing the presence of the prisoner, and at the same time involves the participation of the community in the administration of justice.
- Non-Bailable offence are considered more serious in nature.
- The quantum of punishment is high in non-bailable offence which may extend to life imprisonment.
- 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.
- Provision for Non-Bailable offense is given u/s 437 of CrPC.
Murder, attempt to murder, dowry death, voluntary causing grievous hurt, kidnapping are examples of non-bailable offences under IPC.
c) 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.
Ingredients of complaint:
- It must be made to a Magistrate;
- It must be made with a view that the Magistrate may take action on it;
- The Magistrate’s action must be according to the Code; and
- It must allege the commission of an offence.
Examples of Complaints:
- The presentation of a petition by the complainant that his complaint should be inquired into;
- The petition of a complainant who has withdrawn his case, and again asks to be allowed to proceed with the same;
- A letter to a Magistrate conveying the information of an offence and requesting the Magistrate to take action
Examples of Not Complaints:
- Statement made in deposition
- An application for issue of process
- A petition of maintenance under S. 125 CrPC
According to Section 200 of the Code of Criminal Procedure, 1973 a Magistrate taking cognizance of an offence on complaint shall examine upon oath the complainant and the witnesses present, if any, and the substance of such examination shall be reduced to writing and shall be signed by the complainant and the witnesses, and also by the Magistrate: Provided that, when the complaint is made in writing, the Magistrate need not examine the complainant and the witnesses—
(a) if a public servant acting or purporting to act in the discharge of his official duties or a Court has made the complaint; or
(b) if the Magistrate makes over the case for inquiry or trial to another Magistrate under section 192:
Provided further that if the Magistrate makes over the case to another Magistrate under section 192 after examining the complainant and the witnesses, the latter Magistrate need not re-examine them.
d) Inquiry, Trial, and Investigation:
The investigation, inquiry and trial are three stages of a criminal case.
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 authorised by a Magistrate in this behalf.
- An investigation is made by a police officer or by some person authorised by a magistrate. Investigation is never made by magistrate or court.
- The object of an investigation is to collect evidence for the prosecution of the case.
- An investigation is the first stage of a criminal case. It starts only when a Police Officer has formed a definite opinion that there are grounds for investigating a crime.
- It is administrative process and never a judicial process.
- Investigation is not a judicial proceeding.
- It is succeeded by inquiry.
- The statutory right of the Police to investigate a cognizable offence without any authority from Magistrate cnnot be interfered with, by exercising the power under S. 401 or S. 402 of the Code.
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;
- An inquiry is made by magistrate or court.
- The object of inquiry is to determine the truth or false of certain facts with a view to take further action.
- An inquiry is the second stage of a case.
- Inquiry may be judicial or non-judicial proceeding.
- Inquiry begins with interrogation, rather than by inspection.
- Inquiry may be born out of vague rumours and uncertain beginings.
- Inquiry is preceded by investigation and succeeded by trial.
Trial:
Trial is not defined in the code. It is different from inquiry.
- Trial is the third stage of a case
- Trial is always judicial.
- A trial is always with pre-supposition of offence.
- A trial ends in acquittal or conviction of an accused.
- Trial is the examination and determination of cause by a judicial tribunal.
- Trial follows inquiry.