Important Distinctions in Criminal Law.

Distinction  between

  • Cognizable and non cognizable offences.
  • Bailable and non bailable offences.
  • Summon cases and warrant cases.
  •  Investigation, Inquiry and Trial.

 

SR.NO BASIS OF DISTINCTION COGNIZABLE OFFENCE NON COGNIZABLE OFFENCE
1 Section Section 2(c) of the Criminal Procedure code, 1973 defines cognizable offence Section 2(I) of the Criminal Procedure Code, 1973 defines cognizable offence
2 Definition Cognizable offence/case means a case in which, a police officer can arrest without warrant as prescribed in first schedule of The Criminal Procedure Code, 1973 or under any other law for the time being in force Non Cognizable Offence for which, and Non cognizable case means a case in which, a police officer without any warrant has no authority to Arrest.
3 Requirement of warrant Police officer can arrest without warrant. Police officer cannot arrest without warrant
4 Nature of offence  More serious Less serious
5 Registration of FIR o   In Cognizable offence FIR(First Information Report) can be register without magistrates permission

o   Also under section 154 of CRPC 1973 police officer is bound to file FIR

o   Non cognizable the FIR(First Information Report) should  be register with magistrates permission

o   Police officer is not bound

6 Type of offence These offences are both bailable and non bailable Bailable
7 Order of court for investigation Needed Not needed
8 Example waging or attempting to wage war or abetting the waging of war against the government of India, Rape, Dowry Death, Murder, kidnapping, Theft etc. Assault, Cheating, Forgery etc.

 

 

SR. NO. BASIS OF DISTINCTION BAILABLE NON BAILABLE
1 Section Bailable Offences defined under section 2(a) of the Criminal Procedure Code, 1973 Non Bailable offences also defined under section 2(a) of the Criminal Procedure Code, 1973
2 Meaning An offence which is shown as bailable in the 1st  schedule, or which is made bailable by any other law for the time being in force. An any other offence other than bailable.
3 Nature of offence Bailable Offences are less serious in Nature. Non-Bailable offences more serious/heinous in Nature.
4 Quantum of punishment Bailable offences are those in which punishment is for or less than 3 years. But there are some exceptions to this rule. Non Bailable offences are those in which punishment may extent to Life Imprisonment.
5 Claim of bail It is a matter of right It is a matter discreation
6 Example Cheating (Sec. 407 IPC),

Affray (Sec.160,IPC),

Bribery for elections (Sec 171 E IPC)

Dowry Death (Sec. 304B, IPC), Murder (Sec. 302, IPC),

Rape (Sec.376, IPC),

Voluntarily causing Grievous Hurt (Sec. 326, IPC)

7 Case Rasik lal v. Kishore, 2009 in the case supreme court held that the accused has a right to bail. M. hanumantha reddy v. Government of Mysore. In this case it is at the discretion of the Magistrate to grant bail.

 

 

 

 

 

 

 

Sr.no BASIS OF DISTINCTION Summon case Warrant case
1 Section Summon is define under section 2(w) of the Criminal Procedure Code. Warrant is define under section 2(x) of the Criminal Procedure Code.
2 Meaning Summon case is a case for which punishment is less than two years. Warrant case is a case for which punishment is more than two years.
3 Nature of case o   Not serious in nature

o   Summon Cases are simple and speedier

o   Serious in nature

o   Warrant Cases are complicated and slow.

4 Procedure to be followed Only one procedure is prescribed under Criminal Procedure Code. Two procedures are given. One is on institution of the case on police report and second is on institution of the case other than the police report.
5 Conversion  of case A summon case can be tried as warrant case in the interest of justice  

Conversion of warrant case into summon case is very rare but it can be done by the court in the interest of justice

6 Framing of  formal charges Farming of formal Charges is not necessary. Farming of formal Charges is necessary.
7 Opportunity to examine Here the accused get one opportunity to cross examine the prosecution Here the accused get two opportunity to cross examine the prosecution.

 

8 Scope for defence Narrow Wide

 

SR. NO. BASIS OF DISTINCTION Investigation Inquiry Trial
1 Section Investigation define under section 2(h) of the Criminal Procedure Code,1973 Inquiry define under section 2(g) of the Criminal Procedure Code,1973. Trial is not define under Criminal Procedure Code
2 Meaning a. Proceeding conducted by Police Officer

b. Proceeding for the collection of evidence

 

a. Any proceedings conducted by Magistrate

b. Any proceedings conducted by a Court

 

The Judicial proceeding conducted by court.
3 Judicial Process Investigation cannot be Judicial Process Inquiry is either Judicial or Non-Judicial Process Trial is either Judicial or Non-Judicial Process
4 Aim collect the evidence Inquiry determine the truth of report crime or fact In trail the aim is to check the evidence is trustworthy and reliable on the basis accuse is convicted
5 Oath Oath is not administered to the person examined Oath is administered to the person examined Oath and affirmation In case of all courts other than supreme court and high court be administered by presiding officer of the court himself or by the bench of judges or magistrate or by judge or magistrate any one of them.
6 Proceeding It is proceeding by Police Officer

 

It is proceedings by Magistrate It is judicial proceedings
7 Framing of charges In it, no charge is framed In a charge is framed during inquiry. It starts after farming of charge
8 Result It finishes with the result but with opinion of the police officer to be submitted before the Court. It finishes only with the recommendations It finishes with the punishment or acquittal.
9 Case Vinay D Nagar v. State of Rajasthan

The case is related to use of statement during inquiry

 

Gurman singh v. State of Rajasthan

Cognizance of offence must be commenced before investigation

State of Madhya Pradesh v. Budhram

offender was convicted under section 302 IPC 1860 and was given death sentence

 

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