Transcription
Hey everybody! I am Priya, and in today's video, we are going to understand these six types of offences very well.
These are some topics in which not only you, but every law student gets confused at some point or the other. But today, in this video on Types of Offences, we are going to understand these topics so well that having doubts in them will be a far cry from tomorrow. You might even be teaching your friends about them!
So, let's start our video on Types of Offences.
Starting with the basics, these are the three criminal laws of India that impact every Indian. However, in the last 100 years, the nature of crimes, the way they are committed, and the criminals have changed a lot. That is why the Parliament has amended these three criminal laws and replaced them with three new criminal laws.
First, we will understand what these laws are and what they do, and then we will start understanding the types of offences.
Let us start with the Indian Penal Code (IPC), which tells us what acts would be considered a crime and what punishment is given for those acts.
Second is the Criminal Procedure Code (CrPC), which talks about the procedure of arrest, investigation, trial, etc.
Third is the Indian Evidence Act, which deals with the burden of proof. It discusses which facts will be admitted in any case and how they will be proved.
Now, the first question you should ask is: What is an offence?
If I answer it very simply, it is any act that is forbidden by law.
To simplify things and understand them better, we divide offences into two categories: serious offences and less serious offences. No such category exists; we have made this division only for our understanding.
Serious offences are those that are of a serious nature and pose a threat to society. For example, rape, murder, dowry death, and attempt to murder are all serious offences.
Serious offences are generally cognizable, non-bailable, and non-compoundable, whereas less serious offences, such as assault or defamation, are non-cognizable, bailable, and compoundable.
Now, you might be thinking: What do these terms mean?
So, let's take a look at them simply, one by one. We are going to understand these terms very well, but before moving ahead, you should just understand this categorization: what are the crimes of serious nature and what are the crimes of less serious nature.
One announcement is that these three new criminal laws have come into effect. If you want to understand them properly, then do check out my brand new course on the three new criminal laws. We have made in-depth videos on the major changes in the old acts and the new laws.
We have covered major changes in a very interesting manner, including which new crimes have been introduced, which crimes should have been introduced but have not been, and which sections have been added or omitted. This has been covered very well in a simple and interesting manner.
So, if you want to study these new laws in a new way and improve your understanding, then do check out my new course on the three new criminal laws. You will find all the information in the description box below.
First of all, we will understand the difference between cognizable and non-cognizable offences.
Let us start by understanding the meaning of these terms. Cognizable means the ability to take notice or to take action on your own.
For example, I will tell you the names of some crimes, and you tell me what nature they seem to be: rape, murder, kidnapping. These are crimes of serious nature, plus they are crimes of urgent nature as well. You have to take action immediately.
So, as soon as the police officers get to know that a cognizable offence has been committed somewhere, they take action on their own. The police can act on their own.
Now, there is also a fear that the offender may abscond, so a warrant is issued. There is no time to issue a warrant; you can arrest without a warrant, and you can also investigate without permission.
On the other hand, non-cognizable offences are generally of less serious nature and are less urgent. So, even if the police officers come to know that a non-cognizable offence has been committed, they cannot take action without a complaint.
The police have no authority to take action. You have to get a warrant issued from a judge or magistrate, and you can investigate only after taking permission.
An FIR is filed in a cognizable offence, whereas an FIR is not filed in non-cognizable offences. In non-cognizable offences, you have to go to the police station and write the complaint in the non-cognizable register.
If you want to understand the terms FIR and complaint properly, then please write "FIR" in the comment box below, and I will make a video on it.
Now, let's quickly wrap up.
So, what are cognizable offences? They are of serious nature and are generally urgent. Hence, the police can take action on their own without a warrant. They can arrest someone and investigate without permission.
Non-cognizable offences are generally of less serious nature. The police have no authority to take action without a complaint. You cannot take action without a warrant, and you have to take permission to investigate.
To know which offence is cognizable and which is non-cognizable, it is important to refer to Schedule 1 of the CrPC, which contains a complete listing of which offences are cognizable and which are non-cognizable.
Next, we have bailable and non-bailable offences. This is the simplest and is quite self-explanatory.
Bailable offences are those in which you can get bail. These are generally crimes of less serious nature in which the punishment is less than three years. In these cases, you can ask for bail as a matter of right.
On the other hand, non-bailable offences are of serious nature, in which punishment of more than three years is given. In these cases, you cannot demand bail; rather, the court decides whether to grant bail to the accused or not.
So, you understood the difference: bailable offences are less serious, and in these, bail is a matter of right. In non-bailable offences, it is not that you will not get bail; rather, the court decides whether to grant bail or not.
Now, what do they look at while deciding whether to grant bail or not? There are some conditions and circumstances, such as the seriousness of the crime, the gravity of the case, the influence of the accused, whether there is a risk of evidence tampering, and whether the person can run away.
After examining these circumstances, the court decides whether to grant bail or not.
Next, we have compoundable and non-compoundable offences. The main difference between them is that one can enter into a plea or compromise.
Compoundable offences are generally of less serious nature, and in these, the parties (victim and accused) can enter into a settlement or compromise, after which the victim drops all the charges against the accused. Examples of this include theft, defacement, and trespass.
There are some offences in this category where the court's permission is required before entering into a settlement, while there are others where the court's permission is not required.
On the other hand, non-compoundable offences are crimes of serious nature, like rape or murder. In these cases, the victim and the accused cannot enter into any type of settlement. If the victim drops all the charges against the accused, then the accused can go ahead and continue to commit crimes in society.
In fact, even the court cannot offer any kind of compromise or settlement in these cases, as they are crimes of serious nature.
So, let's do a quick wrap-up.
At the start of the video, I divided the offences into two categories: serious offences and less serious offences. This classification does not exist anywhere; we have done it for our better understanding.
Serious offences are usually cognizable, non-bailable, and non-compoundable in nature. When I used these terms in the beginning, you might have been confused. I hope you are now clear about the meaning of cognizable: that the police can take action on their own, and they can arrest without a warrant.
Non-bailable means that in these cases, you cannot demand bail as a matter of right; it depends on the discretion of the court whether to grant you bail or not.
Non-compoundable means that these cases cannot be settled.
Less serious offences are usually non-cognizable, bailable, and compoundable in nature. They are non-cognizable, which means the police have no authority to take action without a complaint.
Bailable means that in these offences, you can demand bail as a matter of right, and compoundable means these offences can be settled.
Just keep in mind one exception: many times, cognizable offences can be bailable, and non-cognizable offences can be non-bailable.
Now, if anyone says that cognizable offences are bailable and compoundable, you will not panic.
To increase your knowledge on these topics, definitely teach your friends about them. You will gain good friends for a lifetime, and your clarity on these topics will also increase.
To understand the three new criminal laws in a simple language, you must also check out my course on the three new criminal laws. You will find all the details in the description below.
I hope you have learned something new from this video. Keep making such efforts to increase your information!