(i) Cognizable and Non-Cognizable Offences.
(ii) Bailable and Non-Bailable Offences.
(iii) Summons Cases and Warrant Cases.
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Cognizable
and Non-Cognizable Offence Section 2(c) of
Code define "Cognizable Offences and Cognizable Cases" as
cognizable offence means offences for which and cognizable case means cases in
which police officer may in accordance with first schedule of Criminal
Procedure Code or under any other law for the time being in force arrest
without warrant.
Then Section
2(l) of Code defines Non-Cognizable Offences and
Non-Cognizable Cases as non-cognizable offence means offences for
which and non-cognizable case means cases in which police officer has no
authority to arrest without warrant.
So
difference between cognizable and non-cognizable offences lies in the fact that
in case of cognizable offence, a police officer can arrest without warrant
whereas in Non-Cognizable offences police officer can not arrest any one
without warrant.
Column
4 of First Schedule attached to the Code of Criminal Procedure mentions which
are cognizable offences and which are non-cognizable offences. In case of
commission of cognizable offence, if matter is reported to police, then police
will record the First Information Report under Section 154 of
Code and shall proceed to investigate the matter and arrest the accused without
any warrant or Order of Magistrate. But in case of Non-Cognizable offence,
police can not investigate without Order of Magistrate. Section 155 of
Code provides procedure to be adopted by police in case of non-cognizable
offences
Bailable
and Non-Bailable Offences Section 2(a) of
Code of Criminal Procedure defines `Bailable and Non-Bailable Offences' Section
2(a) says "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.
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Column 5 of
first schedule in its first part mention which offence of Indian Penal Code is
bailable and which is non-bailable. Second part of the first schedule of Code
deals with offences, other than that of Indian Penal Code and provides that all
those offences which are punishable with imprisonment for term of 7 years
or more are non-bailable and all offences punishable with imprisonment for term
of three years or more are also non-bailable but offence punishment of which is
imprisonment for term less than three years are bailable.
Chapter
XXXIII of Code contains provisions regarding bail. Section 436 of
Code provides as to bail in bailable offences Bail in bailable offences is a
matter of right. Then Section 437 of Code provides as to
granting of bail by Magistrate in non-bailable offences . It also provides that
Magistrate shall not grant bail in offence punishable with death or
imprisonment for life. However in case of person less than 16 years
of age or woman or sick or infirm person, Magistrate may grant bail even in
case of offences punishable with imprisonment for life or with death.
Then Section 438 of Code provides for Anticipatory bail
and Section 439 of Code then provides for bail by Session
Court or High Court in non-bailable offences
SUMMON
AND WARRANT CASES Section 2(w) of
Code says `Summons case', means a case relating to an offence and not being
warrant case.
According
to Section 2(x) `Warrant case' means a case relating to an
offence punishable with death, imprisonment for life or imprisonment for term
exceeding two years.
So
offences punishable with death or imprisonment for life or imprisonment for
term exceeding 2 years are warrant cases and any other cases
are summons cases. Following are the points of difference between two:
(a) For trial of
Warrant Case by Magistrate two procedures are prescribed. One is adopted by
Magistrate in cases instituted on Police report (Sections 238 to
243 and 248 Cr.P.C.) and other is for case instituted otherwise than on police
report ( Sections 244 to 250 Cr.P.C.). Whereas, there is only
one procedure prescribed for trial of Summons Cases (Sections 251 to
259).
(b) Trial of
Warrant Cases as Summons Cases is an irregularity which vitiates the trial if prejudice
is caused to accused. But trial of Summons Cases as Warrant Cases is only
curable irregularity within the meaning of Section 465 of
Code.
(c) Where a
Warrant Case is tried as Summons Case and accused is acquitted, then Order of
acquittal will operate as discharge under Section 245 and
where a summon case is tried as a Warrant Case and accused is discharged
under Section 245, it will operate as Order of acquittal.
(d) In a Warrant
Case, framing of charge is necessary, whereas in Summon Cases framing of charge
against accused is not necessary.
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