CLASSIFICATION OF

CRIMES
 BAILABLE & NON-BAILABLE OFFENCE

► The definition of bailable offences under Section 2 (a) of the Code of Criminal Procedure,
1973 states that bailable offences are those offences which are 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.
► The said definition cannot be termed exhaustive since the given definition does not answer the
question as to what these offences are. Bailable offences can be termed as offences where
bail is a matter of right because they are of no grave nature in respect to the seriousness
and that is why generally they are punishable for three years or below or with a fine.
► Although presumption towards a light offence does not always render it bailable in nature due
to the presence of numerous exceptions present contrary to this rule, as the offence of sedition
under Section 124A of the IPC is punishable with imprisonment for three years but is
non-bailable. On the other hand, an offence under Section 335 of the IPC, which talks about
causing grievous hurt by means of grave provocation, is punishable with imprisonment
for 4 years but is still bailable in nature.
► In the case of bailable offences, bail can be given as a matter of right and it can be taken
from the police officer in whose custody the accused is, or through the court of law.
► The Hon’ble Supreme Court of India, in the case of Rasiklal v. Kishore Khanchand
Wadhwani (2009), held that “the right to claim bail granted by Section 436 in a
bailable offense is an absolute and indefeasible right.”
► Section 436 of the Criminal Procedure Code (1973) deals with bail in cases of
bailable offences. It states that when any person is arrested or detained by an officer in
charge of the police station for a bailable offence without a warrant, and such person
when brought before the court of law or himself appears before it, shall be released on
bail when he is ready to give bail either while in custody or at any stage of the
proceeding. The same was observed
► In Ratilal Bhanji v. Asstt. Customs Collector (1967), the court held “that a person
accused of a bailable offence has on arrest a right under Section 436 to be released on
bail.”
► Further, refusal of bail by a police officer in the case of a bailable offence will attract
penal consequences, as was held in Dharmu Naik v. Rabindranath Acharya (1978),
“refusal to grant bail in contravention of Section 436 will make the detention
illegal and the police officer causing such detention may be held guilty of wrongful
confinement under Section 342 IPC.”
Types of bail

► Interim bail: The term “interim” literally means “for an interval,” and therefore, in the
case of interim bail, it is understood that bail is granted for a specified period of time by
the court. Interim bail can only be granted in the case of non-bailable offences, since in
bailable offences, bail is a matter of right. It is to be noted that the concerned court is at
full liberty to extend the period of interim bail if it thinks fit.
► Regular bail: Bail in non-bailable cases is termed as “regular bail.” Section 437 of the
Criminal Procedure Code states the provisions in respect of regular bail in criminal
cases. It provides that when any person is accused who is accused of or suspected of
committing a non-bailable offence is arrested or detained by an officer in charge of a
police station without a warrant and when he is brought or appears before a court other
than the high court or the court of sessions, then such person may be released on bail as
per the discretion of the court.
► Anticipatory bail: anticipatory bail is a kind of protection against future arrest wherein
a court grants bail to a person who has reasonable grounds for an arrest in relation to a
non-bailable offence. According to Section 438 of the Criminal Procedure Code, the
high court or sessions court may grant anticipatory bail to a person who has a
reasonable apprehension of future arrest for a non-bailable offence.
► Non-bailable offences are not defined anywhere in the Code, but for general
comprehension, these offences can be termed as heinous in nature. These offences are
of grave seriousness in nature and this is why they are termed non-bailable. The reason
for categorising these offences as non-bailable is the safety of the common public in
society. It would be difficult and unsafe for a common man to live if there were
offenders roaming free on the streets.
► Schedule 1 of CrPC -
https://upload.indiacode.nic.in/schedulefile?aid=AC_CEN_5_23_000010_197402_151
7807320555&rid=6
 Cognizable Offence

► Cognizable offences are those in which the police can arrest the accused without a
warrant. The police can also begin an investigation without the permission of the court.
The accused is arrested and produced before the court at the stipulated time. According
to Section 154 of the CrPC, a police officer is required to register an FIR in case of a
cognizable offence. Murder, rape, theft, kidnapping, dowry death, etc. are some of
the examples of cognizable offences. These offences can be both bailable, and
non-bailable.
► The punishment for each offence depends on the seriousness of the crime. Offences
that are punishable with not less than 3 years of imprisonment are generally considered
as serious offences and are considered cognizable. The Criminal Procedure Code,
1973 (CrPC) under Section 2(c) states that an offence a police officer may, in
accordance with the First Schedule or under any other law for the time being in force,
arrest without warrant;
 Non-Cognizable Offence

► An offence that is less serious in nature is considered non-cognizable. Section 2(l) of

the CrPC defines non-cognizable offences as those in which the police have no
authority to arrest without a warrant.
► In these offences, the police cannot arrest the accused without an arrest warrant and
cannot start an investigation without the permission of the court. Non-serious crimes
such as assault, cheating, forgery, defamation, public nuisance, etc. are non-cognizable
offences.
Compoundable & Non-Compoundable
offences
► A compoundable offence is an offence wherein the person filing the complaint, i.e., the
victim, agrees to reach a settlement and get the charges dropped against the accused.
Nonetheless, such a settlement has to have occurred with bona fide intent and not for
any sort of consideration to which the complainant may be entitled to.
► In India, compoundable offences are covered under Section 320 of the CrPC.
► Non-compoundable offences are those which cannot be compounded, meaning such
offences cannot be settled outside the court nor can they be taken back as the nature of
the offence is grave, the injured party as well as society are affected by such an act, and
the accused must not be allowed to walk free. Further, the state, i.e., the police files the
case; thus, the question of the complainant reaching a settlement does not exist.
Petty Crimes, Misdemeanours and felony

► Petty Crimes or infractions: small violations of law for which the punishment
generally extends to paying of fines and no imprisonment. Examples:
► Needlessly pulling the emergency alarm chain in a train – Section 141 Railways Act
► Smoking in public places - section 4 of the Cigarette and Other Tobacco Products Act,
2003
► Driving or riding a bike without a helmet strapped - section 129 of The Motor Vehicles
Act, 1988
► Section 278, IPC: Making atmosphere noxious to health
► Misdemeanours are criminal offenses that carry up to a year in jail in most states.
► Examples:
► Section 269, IPC: Negligent act likely to spread infection of disease dangerous to life
► Section 272, IPC: Adulteration of food or drink intended for sale
► Section 289, IPC: Negligent conduct with respect to animal.
► Felonies are the most serious type of criminal offense. Felonies often involve serious
physical harm (or threat of harm) to victims, but they also include offenses like white
collar crimes and fraud schemes. Offenses that otherwise are misdemeanors can be
elevated to felonies for second-time offenders.
► Example: Murder, Rape, Dacoity etc.
► Reference:
https://www.nolo.com/legal-encyclopedia/crimes-felonies-misdemeanors-infractions-cl
assification-33814.html