MODULE 1

 Procedural law and justice-

 accusatorial and inquisitorial systems of prosecution
 constitution, hierarchy, jurisdiction and powers of criminal courts-
 classification and functions of prosecutors –
 role of defence counsel-
 classification of offences-
o cognizable and noncognizable,
o bailable and non-bailable,
o summons case and warrant cases,
o compoundable and non-compoundable cases.

PROCEDURAL LAW AND JUSTICE

Laws can be classified as either substantive law or procedural law.

Substantive law determines rights and liabilities of parties or defines the nature and extent of
their legal duties. Transfer of Property Act, 1882 and Contract Act, 1872 etc. are examples of
the same.

Procedural law prescribes the practice, procedure and machinery for the enforcement or
recognition of legal rights and liabilities by the court of law. Eg : Law of Limitation, Evidence
Act, C.P.C. & Cr.P.C.

“Justice should not only be done but should manifestly and undoubtedly be seen to be done”.
Lord Chief Justice Hewart, R v Sussex Justices ex parte McCarthy ([1924) 1 KB 256

The function of procedural law is to facilitate justice and further its ends. Therefore, the rules
of procedure must be construed liberally and in such a manner so as to render effective the
enforcement of substantive rights. A hyper technical view must not be adopted by courts in
interpreting and applying procedural laws.

Code of Criminal Procedure is an example of procedural law that forms an indispensable part
of the machinery of justice.

A person committing an offence is not automatically punished. The Code of Criminal

Procedure creates the necessary machinery for the detection of crime, arrest of suspected
persons, collection of evidence, determination of guilt or innocence and imposition of
punishment on the guilty person. Without procedural law, there will be no means whereby
common man can enforce his rights and obtain justice.
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Criminal Procedure Code and justice

The importance of CrPC and its connection with justice is based on three other special
considerations.

a)It is more constantly used and affects a greater number of persons than any other law.

b) The nature of its subject matter is such that human values are involved in it to a greater
degree than in other laws.

c) As the CrPC is complementary to the substantive criminal law, its failure would seriously
affect the substantive criminal law which in turn would considerably affect the protection that
it gives to the society. Too much expense, delay and uncertainty in applying the law of criminal
procedure would render even the best penal laws useless and oppressive.

While formulating the CrPC, the following considerations were kept in view to ensure that
justice is delivered.

1. An accused person should get a fair trial in accordance with the accepted principles of
natural justice.
2. Every effort should be made to avoid delay in investigation and trial which is harmful
not only to the individuals involved but also to society,
3. The procedure should ensure fair deal to the poorer sections of the society.
Thus we see that in the absence of robust and comprehensive procedural laws, even the
best formulated substantive laws will not be capable of delivering justice. It falls upon the
carefully laid down principles of procedural laws to ensure that justice is not only done,
but it must also manifestly be seen to be done.

ACCUSATORIAL/ADVERSARIAL AND INQUISITORIAL

SYSTEMS OF PROSECUTION
Two types of legal traditions dominate the nature of investigation and adjudication around the
world: adversarial and inquisitorial legal systems.

Common law countries use an adversarial system to determine facts in the adjudication
process. In Accusatorial or adversarial system, two or more opposing parties gather evidence
and present the evidence, and their arguments, to a judge or jury. The judge or jury knows
nothing of the litigation until the parties present their cases to the decision maker. The
adversarial system seeks the truth by pitting the parties against each other in the hope that
competition will reveal it.

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The inquisitorial system is associated with civil law legal systems, and it has existed for
many centuries. The inquisitorial process can be described as an official inquiry to ascertain
the truth, whereas the adversarial system uses a competitive process between prosecution
and defence to determine the facts. The inquisitorial process grants more power to the judge
who oversees the process, whereas the judge in the adversarial system serves more as an
arbiter between claims of the prosecution and defence.

ADVERSARY SYSTEM UNDER CRPC

The system of criminal trial envisaged by the Code is the adversary system based on the
accusatorial method. In this system, the Prosecutor representing the State accuses the accused
person of the commission of some crime; and the law requires him to prove his case beyond
reasonable doubt. The law also provides fair opportunity to the accused person to defend
himself. The judge is to work as an umpire between the two contestants.

This system of criminal trial assumes that the State using its investigative resources and
employing competent counsel, will prosecute the accused, who, in turn, will employ equally
competent legal services to challenge the evidence of the prosecution.

Point of difference Adversarial System Inquisitorial System

To get the truth through the open

To get the truth through
AIM competition between the
extensive investigation and
prosecution and the defence. examination of all evidence.
INVESTIGATION Judges do not play any role in the
The government officials collects
investigation. the evidence, they themselves
can conduct the investigation or
they may request the police to do
so. A judge may also conduct the
investigation.
Parties determine what witnesses The trial judge determines what
they call and the nature of the witnesses to call and the order in
WHO BRINGS evidence they give. which they are to be heard.
EVIDENCE
Previous decisions by higher Judges are free to decide each
courts are binding on lower case independently of previous
PRECEDENTS/CASE courts. decisions by applying the
LAWS relevant statutes.
Active. Passive.
ROLE OF LAWYERS
ROLE OF VICTIM The victim is not a party in the The victim has the status of a

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 trial. party in the trial.
RULES OF EVIDENCE There is a strong categorization of Rules relating to admissibility
admissible and inadmissible are more lenient in the
evidence. inquisitorial system. If the judge
decides particular evidence as
relevant, that is admitted.

The judges pronounce judgment The judge plays an active role for
ROLE OF JUDGES depending on the hearing, questioning & hearing the parties
evidence or on the basis of directly. The judge directs the
examination & cross-examination. courtroom, proceedings and
The judge ensures that the due interrogate the witnesses and
process of law is followed in the also evaluates evidence to reach
courtroom and gives the decision. their decision. Role -active.
Role of the judges-passive in
nature.

CONSTITUTION, HIERARCHY, JURISDICTION AND POWERS

OF CRIMINAL COURTS

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 SUPREME COURT

HIGH COURT

SESSIONS COURT
(SESSIONS JUDGE & ADDITIONAL SESSIONS JUDGE)

CHIEF METROPOLITAN MAGISTRATE

ASSISTANT SESSIONS JUDGE CHIEF JUDICIAL MAGISTRATE (ADDITIONAL CJM)
(ADDITIONAL CMM)

METROPOLITAN MAGISTRATES –SPECIAL METROPOLITAN

JUDICIAL MAGISTRATES OF FIRST CLASS JUDICIAL MAGISTRATES OF SECOND CLASS
MAGISTRATES

SECTION 53 OF IPC- PUNISHMENTS

 The punishments to which offenders are liable are

 Death;
 Imprisonment for life;
 Imprisonment, which is of two descriptions, namely:—
 Rigorous, that is, with hard labour;
 Simple;
 Forfeiture of property;
 Fine.

SUPREME COURT
The Supreme Court is the highest and final court of appeal under the Constitution of India. It is
the highest constitutional court.

Powers under CRPC

Section 374. Appeals from convictions. —Any person convicted on a trial held by a High Court
in its extraordinary original criminal jurisdiction may appeal to the Supreme Court.

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Section 379. Appeal against conviction by High Court in certain cases.—Where the High Court
has, on appeal, reversed an order of acquittal of an accused person and convicted him and
sentenced him to death or to imprisonment for life or to imprisonment for a term of ten years
or more, he may appeal to the Supreme Court.

Section 406. Power of Supreme Court to transfer cases and appeals.—(1) Supreme Court may,
in the interest of justice, direct that any particular case or appeal be transferred from one High
Court to another High Court or from a Criminal Court subordinate to one High Court to
another Criminal Court of equal or superior jurisdiction subordinate to another High Court.

HIGH COURT
Powers under CRPC

1. Section 28 (1)– A High Court may pass any sentence authorised by law.
2. Section 368. Power of High Court to confirm sentence or annul conviction .—In any case
submitted under section 366, the High Court—
a. may confirm the sentence, or pass any other sentence warranted by law, or
b. may annul the conviction and convict the accused of any other offence, or order
a new trial on the same or an amended charge, or
c. may acquit the accused person.
3. Section 395. Reference to High Court .—(1) Where any Court is satisfied that a case
pending before it involves a question as to the validity of any Act, Ordinance or
Regulation or provision thereof , and is of opinion that it is invalid or inoperative- the
Court shall refer the same for the decision of the High Court.
4. Section 397. Calling for records to exercise powers of revision .—The High Court may
call for and examine the record of any proceeding before any inferior Criminal Court for
the purpose of satisfying itself the correctness, legality or propriety of any finding,
sentence or order, recorded or passed, and as to the regularity of any proceedings of
such inferior Court.
5. Section 407. Power of High Court to transfer cases and appeals .— When a fair and
impartial inquiry or trial cannot be held in the subordinate court or when some
question of law of unusual difficulty is likely to arise, or for general convenience of the
parties or witnesses, or is expedient in the the ends of justice.
6. Section 477. Power of High Court to make rules.— High Courts may, with the approval
of the State Government, make rules for the conduct of criminal trials and other
incidental matters.
7. Section 483 of CrPC-Duty of High Court to exercise continuous superintendence over
Courts of Judicial Magistrates.—to ensure that there is an expeditious and proper
disposal of cases by such magistrates.
(NOTE: IF YOU ARE WRITING AS PART OF A 3 MARKER-GIVE IMPORTANCE TO SESSIONS AND
MAGISTRATES COURTS- SC AND HC WRITE IN VERY FEW SENTENCES. Eg: Under CrPC- the

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High Courts can pass after trial any sentence authorized by law. It has the power to
confirm a death sentence passed by the sessions court. It also exercises the powers of
reference and revision from subordinate courts. High Courts may transfer cases and
appeals from one Court to another and also has rule making powers. The High Court also
exercises superintendence over all Judicial Magistrates)

Section 6:Classes of Criminal Courts: Besides the High Courts and Courts constituted under
any other law in every State there shall be the following criminal courts

(i) Court of Sessions

(ii) Judicial Magistrates of the First Class and in metropolitan areas-Metropolitan
Magistrate.
(iii) Judicial Magistrates of the Second Class
(iv) Executive Magistrates

COURT OF SESSIONS
Section 9: For every sessions division under section 7, the State Government shall establish a
Court of Session presided over by a Judge, to be appointed by the High Court. The High Court
may also appoint Additional Sessions Judges and Assistant Sessions Judges to exercise
jurisdiction in a Court of Session. The Additional Sessions Judge exercises the powers of the
Court of Sessions, but is not an independent sessions Court. The power to impose punishments
of the Sessions Court and Additional Sessions Courts are the same whereas that of the
Assistant Sessions Court is different. Assistant Sessions Judges shall be subordinate to the
Sessions Judge in whose Court they exercise jurisdiction.

Offences Triable By Sessions Court: Section 26, a Court of Session can try any offence given
under IPC or any other offence which is shown to be triable by the Court of Session in the First
Schedule.
Power to impose punishment/ sentencing power (Section 28) -

Section 28(2)- A Sessions Judge or Additional Sessions Judge may pass any sentence
authorised by law; but any sentence of death passed by any such Judge shall be subject to
confirmation by the High Court.

Section 28(3)- An Assistant Sessions Judge may pass any sentence authorized by law except
a sentence of death or of imprisonment for life or of imprisonment for a term exceeding ten
years.

CHIEF JUDICIAL MAGISTRATES

In every district, the High Court shall appoint a JMFC to be the CJM(Section 12). He shall be the
head of all Magistrates in the district. In addition to being a Court that tries important offences,

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the main function of a CJM is to guide, supervise and control other Judicial Magistrates in the
districts.

Additional CJM- The High Court may appoint any JMFC to be an ACJM and such Magistrate
shall have all or any of the powers of a CJM as the High Court may direct. (Section 12)

Power to impose punishment/ sentencing power (Section 29(1) – CJM/ACJM may pass
any sentence authorised by law except a sentence of death or of imprisonment for life or a
term exceeding seven years.

JUDICIAL MAGISTRATES OF THE FIRST CLASS AND JUDICIAL

MAGISTRATES OF THE SECOND CLASS (JMFC, JMSC)
As per Section 11, in every district the State Government may after consulting the High Court
establish as many Courts of Judicial Magistrates of the first class and Judicial Magistrates of the
second class. Likewise it may also establish Special Courts of Judicial Magistrates of the first
class or Judicial Magistrates of the second class to try any particular case or particular class of
cases.

The presiding officers of such Courts shall be appointed by the High Court. The High Court
may confer the powers of a JMFC or JMSC on any Civil Court in situations where it might not be
necessary or possible to appoint full time Judicial Magistrates.

Power to impose punishment/ sentencing power (Section 29)

As per Section 29 (2) a Judicial Magistrate of First Class can pass a sentence of imprisonment
for a term not exceeding three years or of fine not exceeding ten thousand rupees, or of
both.

As per Section 29(3) Judicial Magistrate of Second Class can pass a sentence of imprisonment
for a term not exceeding one year or of fine not exceeding five thousand rupees, or of
both.

SUBORDINATION OF JUDICIAL MAGISTRATES: As per Section 15, every CJM will be

subordinate to the Sessions Judge and every other Judicial Magistrates will be subordinate to
CJM, subject to general control of Sessions Judge.

METROPOLITAN MAGISTRATES AND CHIEF METROPOLITAN

MAGISTRATES
As in a district, in every metropolitan area – there is a parallel set up of Judicial Magistrates.

As per Section 8- Any area in a state comprising a city or town whose population exceeds one
million- metropolitan area. In every metropolitan area, the State Government may on
consultation with the High Court establish Courts of Metropolitan Magistrates (s 16). The
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presiding officers of such Courts shall be appointed by the High Court. In every metropolitan
area, the High Court shall appoint a Metropolitan Magistrate to be the Chief Metropolitan
Magistrate (Sec 17). The High Court may also appoint any Metropolitan Magistrate to be an
Additional Chief Metropolitan Magistrate.

SUBORDINATION -The Chief Metropolitan Magistrate and Additional Chief Metropolitan

Magistrates shall be subordinate to the Sessions Judge. Every other Metropolitan Magistrate
shall be subordinate to the Chief Metropolitan Magistrate, subject to the general control of the
Sessions Judge. (Section 19 CRPC)

Power to impose punishment/ sentencing power (Section 29 (4)

Chief Metropolitan Magistrate – same as Chief Judicial Magistrate - any sentence authorised
by law except a sentence of death or of imprisonment for life or a term exceeding seven years.

Metropolitan Magistrate- same as Judicial Magistrate of First Class- a sentence of

imprisonment for a term not exceeding three years or of fine not exceeding ten thousand
rupees, or of both.

SENTENCES WHICH COURTS MAY PASS

COURTS SENTENCES

SUPREME COURT Any sentence authorized by law

HIGH COURTS Any sentence authorized by law (s. 28(1))

SESSIONS COURTS / ADDITIONAL Any sentence authorized by law, but sentence of

SESSIONS death to be confirmed by the High Court (S.28(2))

ASSISTANT SESSIONS COURTS Any sentence authorized by law except a

sentence of death, life imprisonment or
imprisonment for a term exceeding 10 years
(S.28(3))

 CHIEF JUDICIAL MAGISTRATES Any sentence authorized by law except a

 CHIEF METROPOLITAN sentence of death, life imprisonment or
MAGISTRATES imprisonment for a term exceeding 7 years (S.29
(1), 29(4))

 JUDICIAL MAGISTRATES OF FIRST A sentence of imprisonment for a term not

CLASS exceeding THREE YEARS or of fine not exceeding
 METROPOLITAN MAGISTRATES TEN THOUSAND RUPEES, or of both. (S.29(2),
29(4)

JUDICIAL MAGISTRATES OF SECOND A sentence of imprisonment for a term not

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 CLASS exceeding ONE YEAR or of fine not exceeding
FIVE THOUSAND RUPEES , or of both. (S.29(2),
29(4)

PUBLIC PROSECUTOR-DEFENCE COUNSEL

CLASSIFICATION AND FUNCTIONS OF PROSECUTORS
A public prosecutor is the counsel for the State in criminal trials. His main duty is to conduct
prosecutions on behalf of the State. The Public Prosecutor also appears as State Counsel in
criminal appeals, revisions and such other matters in the Sessions Court and High Courts.

Public Prosecutors (Including Additional Public Prosecutors and Special Public Prosecutors)
are to conduct prosecutions and other criminal proceedings in the Sessions Courts and High
Courts and Assistant Public Prosecutors are appointed for conducting prosecutions in the
Magistrate’s courts.

Definition under CRPC –Section 2(u) “Public Prosecutor” means any person appointed under
section 24, and includes any person acting under the directions of a Public Prosecutor.

Classifications of Public Prosecutors (Section 24)

1.Public Prosecutors and Additional Public Prosecutors for High Courts

2. Public Prosecutors and Additional Public Prosecutors for Districts (Sessions Courts)

3. Special Public Prosecutor

4. Assistant Public Prosecutors

1. PUBLIC PROSECUTORS AND ADDITIONAL PUBLIC PROSECUTORS FOR HIGH COURTS

Section 24(1)- The Central Government or State Government may appoint a Public Prosecutor
and one or more Additional Public Prosecutors, for every High Court, for conducting any
prosecution, appeal or other proceeding on behalf of that Government. Such appointment can
be made only after consulting the High Court.

A person shall be eligible to be appointed as a Public Prosecutor or an Additional Public

Prosecutor only if he has been in practice as an advocate for not less than seven years. (Section
24 (7)).

2. PUBLIC PROSECUTORS AND ADDITIONAL PUBLIC PROSECUTORS FOR DISTRICTS

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By Central Government- The Central Government may appoint one or more Public
Prosecutors for the purpose of conducting any case or class of cases in any district or local
area(Section 24(2)).

By State Government- For every district, the State Government shall appoint a Public
Prosecutor and may also appoint one or more Additional Public Prosecutors for the district.
(Sec 24(3). State government can make such appointment only from the panel of names
prepared by the District Magistrate of persons who are in his opinion fit to be appointed as PP
or ADDL PP. Panel is to be prepared in consultation with the Sessions Judge.(Section 23(4,5))

Eligibility- only if he has been in practice as an advocate for not less than seven years.

3. SPECIAL PUBLIC PROSECUTOR (Sec 24(8))

The Central Government or the State Government may appoint, for the purposes of any case or
class of cases, a person who has been in practice as an advocate for not less than ten years as
a Special Public Prosecutor:

The Court may also permit the victim to engage an advocate of his choice to assist the
prosecution.

4. ASSISTANT PUBLIC PROSECUTORS

Section 25 – Assistant Public Prosecutors- The State Government shall appoint in every
district one or more Assistant Public Prosecutors for conducting prosecutions in the Courts
of Magistrates.

Where no Assistant Public Prosecutor is available for the purposes of any particular case, the
District Magistrate may appoint any other person to be the Assistant Public Prosecutor in
charge of that case

Exception: a police officer shall not be appointed as APP,

(a) if he has taken any part in the investigation into the offence with respect to which the
accused is being prosecuted; or

(b) if he is below the rank of Inspector.

ROLE OF PUBLIC PROSECUTORS

The purpose of a criminal trial is to determine the guilt or innocence of the accused person.
The PP does not represent the police, but represents the State. He must therefore discharge his
duties fairly, fearlessly and with full sense of responsibility. His duty is to aid the Court in
discovering the truth. The duty of a Public Prosecutor in such trial is not merely to secure
a conviction at any cost, but to place before the Court whatever evidence is possessed by

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the Prosecutor, and to leave it to the Court to decide upon that evidence and deliver
verdict of guilt or innocence.

A Public Prosecutor should be personally indifferent to the result of the case. The impartiality
of the PP is as important as the impartiality of the Court.

The Supreme Court has highlighted the importance and purpose of the office of a Public
prosecutor in Srilekha Vidyarthi v State of UP (1991) 1 SCC 212. It has been ruled that this is a
public office of much importance and that the present system of appointments to the office of
Public Prosecutors followed by political parties should be done away with.

ROLE OF DEFENCE COUNSEL

Section 303-CRPC- Right to be defended of person against whom proceedings are instituted—
Any person accused of an offence before a Criminal Court, or against whom proceedings are
instituted under this Code, may of right be defended by a pleader of his choice.

Unlike the other functionaries under the Code, the advocates who defend the accused persons
are not in regular employment of the State and they receive remuneration for their services
from the accused persons. But they are also officers of the Court and are indispensible for a
fair trial to be given to the accused person.

The adversary system of criminal trial assumes that the State uses its investigative forces and
appoints a competent prosecutor who prosecutes the accused on behalf of the State and the
accused will in turn employ and equally competent defence lawyer to challenge the
prosecution.

The Constitution of India (Art 22(1)) and the Code itself (Section 303) confers on the accused
person the right to be defended by a legal practitioner of his choice. This right to counsel
would be of no use if the accused person due to his poverty or indigent conditions has no
means of engaging a defence lawyer. Therefore the right of such an accused person to obtain
legal aid is also provided for under Section 304 of CRPC.

Khatri(2) v. State of Bihar (1981)1 SCC 627)- The Supreme Court has held that Article 21 of the
Constitution implicitly requires the State to make provisions for grant of free legal services to
an accused who is unable to engage a lawyer by reason of poverty, indigence or
incommunicado situation. Supreme Court further emphasized that under Section 304 of Code
of Criminal Procedure, 1973, it is the legal responsibility of the Judge before whom the accused
is produced to inform him that if he is unable to appoint a lawyer on account of poverty or
indigence then, under article 39A of constitution, he is entitled to get free legal services at the
cost of the State. The Court took the view that the right to free legal aid would be illusory
for the needy accused unless the trial judge informs him of such a right.

The Supreme Court in Mohd. Hussain v. State (Govt. of NCT) of Delhi, (2012) 2 SCC 584 that if
the adequate legal aid has not been provided to the accused during the trial, then it is violative
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of Article 21 of the Constitution of India.If the services provided are found wanting, the trial
maybe vitiated.

At present there are several schemes under which an indigent accused could get legal aid. The
Legal Services Authorities Act,1987 enable the judiciary to provide legal services to the
indigent accused.

CLASSIFICATION OF OFFENCES
For the purposes of the CrPC, all the offences have been classified into different categories. A
general overview of such classifications is given below.

1. COGNIZABLE AND NON-COGNIZABLE OFFENCES

2. BAILABLE AND NON BAILABLE OFFENCES
3. COMPOUNDABLE AND NON COMPOUNDABLE OFFENCES
4. SUMMONS CASES AND WARRANT CASES
THE FIRST SCHEDULE OF CRPC – showcases the categorization of each offence in the IPC into
bailable-non bailable offences and cognizable non cognizable offences. It also shows the
punishments prescribed for each offence under IPC along with the Court by which each of the
offences are triable.

COGNIZABLE AND NON-COGNIZABLE OFFENCES

There is no fixed criteria to determine whether a case is cognizable or non-cognizable. It all
depends on whether an offence is shown as cognizable/non cognizable in the 1 st Schedule of
CrPC. General Rule: serious offences are considered as cognizable offences. Under the First
schedule- offences under the laws other than the IPC which are punishable with imprisonment
for three years or more have been shown as cognizable and those with punishment less than
three years are shown as non cognizable.
COGNIZABLE OFFENCE- As per Section 2(c) of the CrPC, - “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 warrant. The police can also investigate
into such a case without any orders or directions from the Magistrate.

Eg: S 302 IPC- Murder, S 304B IPC– Dowry death, S 354 IPC- Assault or use of criminal force to
a woman with intent to outrage her modesty, S 363-kidnapping, S. 376 Rape , Offences against
property like- theft, extortion, robbery, dacoity.

NON-COGNIZABLE OFFENCE- As per section 2 (l) of the CrPC “non-cognizable offence” means
an offence for which, a police officer has no authority to arrest without warrant.

A police officer has no duty or power to investigate into such offence without the authority to
do so being given by a Judicial Magistrate.(Section 155, CrPC).

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 Eg: generally less serious offences and below 3 years punishments – ordinary cases of
assault(S. 352 IPC), Simple hurt (S.323, IPC ) , defamation(S. 499 IPC)

Non cognizable offences are generally considered as private wrongs and therefore collection
of evidence and prosecution of the offender are left to the initiative and efforts of individuals.
But a Judicial Magistrate can order the police to investigate into a non cognizable offence if he
deems it necessary. Even then the police officer cannot arrest a person without warrant in a
non cognizable case.

EXCEPTIONS

 offences relating to marriages under IPC- 493-497- even though punishable with 7
years,10 years etc-they are non cognizable. Since these are in the nature of private
wrongs, giving police power to arrest and investigate without Court’s authority involves
risk of too much police intervention into peoples private lives.)
 Offences with punishments below 3 years are sometimes made cognizable- eg-
269,270 IPC- act likely to spread infection of disease dangerous to life,277- defiling the
water of a public spring, S 509 IPC- insulting the modesty of woman. Reason- the
necessity of making prompt arrest, not desirable to leave pre-trial procedures in these
cases with private persons.

When a case related to two or more offences of which atleast one is cognizable, then the
entire case is treated as cognizable notwithstanding that the other offences are non
cognizable.

BAILABLE AND NON BAILABLE OFFENCES

Bail- A security for the appearance of the accused person on giving of which he is released,
pending trial or investigation. To take bail means to procure the release of a person from legal
custody, by undertaking that he shall appear at the time and place designated and submit
himself to the jurisdiction and judgment of the Court.

Section 2(a) “bailable offence” means an offence which is shown as bailable in the First
Schedule, or which is made bailable by any other law for the time being in force; and “non-
bailable offence” means any other offence.
CrPC has given no criteria for classifying the offences into bailable/ non bailable. All depends
on what is shown in First Schedule.

Generally, it can be said that all serious offences, ie offences punishable with imprisonment for
three years or more, have been considered as non-bailable offences, and others bailable. But
there are exceptions. This general rule can also be modified by the statutes declaring an
offence as bailable or non bailable.

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If a person accused of a bailable offence is arrested or detained without warrant, he has a right
to be released on bail. That is a person arrested and detained without warrant, is he is
prepared to give bail before the Court or police officer- he shall be released on bail.
But if the offence is non-bailable, that does not mean that the person accused of such offence
shall not be released on bail. But in case of a non bailable offence, bail is not a matter of right,
but only a privilege to be granted at the discretion of the Court.
The classification of offences into bailable and non bailable is for deciding the threshold as to
whether the accused person should be released on bail. If an offence is non bailable, further
probing is necessary before making a decision as to whether he can be released on bail.

COMPOUNDABLE AND NON COMPOUNDABLE OFFENCES (Section

320 of CrPC. )
Compoundable- where the law allows parties to effect a compromise, with or without
permission of Court.
Non-Compoundable- where a compromise cannot be effected.

A crime is generally considered a wrong done to the society. But there are some crimes which
affect private individuals alone and does not injure the society. Such offences which relate
exclusively to the individual- the law permits the settling the issue by a compromise known as
compounding. The Code specifies some offences as compoundable and some others as
compoundable only with the permission of the Court. These offences can be compounded only
by the persons mentioned in the third column of the tables attached to Subsection 1 and 2 or
Section 320.
Non compoundable offences cannot be compounded even with the permission of the Court.

A case maybe compounded at any time before the sentence is pronounced.

Composition of an offence has the effect of acquittal of the accused person. Section 320(8)

SUMMONS CASES AND WARRANT CASES

Section 2(w) of CrPC- “summons-case” means a case relating to an offence, and not being a
warrant-case;

Section 2(x) of CrPC - “warrant-case” means a case relating to an offence punishable with
death, imprisonment for life or imprisonment for a term exceeding two years;

The basis of classification is the seriousness of the offence to which the case relates. The
classification is useful to determine the type of trial procedure to be adopted in each case. The
trial procedure prescribed for a warrant case is much more elaborate that that is provided for
a summons case. This division is made only for Courts to determine the procedure to be
adopted in trial.
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