Title

Bailable, Non-Bailable, Cognizable and Non-Cognizable Offence.

Subject

Criminal Procedure Code

Student name

Priyanshi R Talesra

Roll number & Division

176-C

College Name

Jitendra Chauhan College of Law

Name of the faculty

Adv. Rajesh Thakur,

Adv. Usha Andrew and

Dr. Sharmila Ghuge

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 ACKNOWLEDGMENT

I feel great pleasure that I got an opportunity to present my LLB 3rd Year Interpretaion of

Statue project before you.

Firstly I am thanking my professor, Adv. Rajesh Thakur, Adv. Usha Andrew and DR.

Sharmila Ghuge as they have tried very hard and put lots of efforts to guide me, I am also

thankful because they have given their valuable time to help me.

And lastly I am also thankful to my friends and parents who guided me during the preparation

of this project

Date

7th Sep, 2022.

Place

Mumbai

Signature

Priyanshi .R.Talesra

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 TABLE OF CONTENT

1. Introduction……………………………………………………………………..4-5

2. Bailable Offence……………………………………………………………..5

3. Non-Bailable Offence………………………………………………………5

4. Cognizable Offence………………………………………………………5-6

5. Non-Cognizable Offence...................................................................................6

6. Provision for Bailable and Non-Bailable Offence ……………………………6-7

7. Procedure for Cognizable and Non-Cognizable Offence …………………7-9

8. Difference between Bailable, Non-Bailable, Cognizable and Non-Cognizable

Offence. …………………………………………………………………….9-10

9. Relevant case laws………………………………………………………10-13

10. Conclusion……………………………………………………………13-14

11. Bibliography………………………………………………………………13

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1. Introduction

The basic goal of law and order is to keep society safe by punishing lawbreakers, which must
be done with due consideration for equity, justice, and fair play. In order to establish the
claimed accused's guilt in a fair and reasonable manner, a trial procedure is set up.
The procedure of gaining a person's release from custody while they are pending a trial or an
appeal by posting a bond to ensure their prompt surrender to authorities is known in law as
bail. The amount of the bail, or more specifically, the bail bond, is decided by the court that
has jurisdiction over the detainee. Both parole and bail have obvious connotations in a
courtroom. The precise framework in which the application is documented, along with the
petition submitted and approved, are the deciding factors to show its temperament. The
significance of the term "bail" is to release a person who will be imprisoned, confined, or is
subject to some sort of restriction by providing security for his appearance. When combined
with Form 45 from Timetable II of the Criminal Procedure Statute, Section 436 of that code
takes two types of safety into account. One such procedural law is the Code of Criminal
Procedure, 1973. The court is typically asked to decide whether to release under preliminaries
on bond or to commit them to prison when they are accused of committing an offence or
offences.1

What is offence?

The Latin word "offendere," which means to hit repeatedly and is seen as a bad conduct, is
where the term offence originates. It is an action that, according to the law, is illegal. There are
two definitions for the offence that are supplied under Indian criminal law.
First, under section 2 (n) of the Criminal Procedure Code, which states that any act or omission
that is punishable by any law currently in effect, including any act that is subject to a complaint
under section 20 of the Cattle-trespass Act, 1871, and second, under section 40 of the Indian
Penal Code, which states that "offence" denotes a thing that is punishable by this Code. Due to
the fact that offence is a part of crime, the gap between the two is smaller than it is for crime.2

1
Ref: https://lawtimesjournal.in/what-is-an-offence-what-are-the-types-of-offence/, on 6th Aug, 2022.
22
Ref: https://lawtimesjournal.in/what-is-an-offence-what-are-the-types-of-offence/, on 6th Aug, 2022.

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What are different types of offence?
The Criminal Procedure Code divides crimes into two categories: cognizable and non-
cognizable offences. The code has also further classified crimes under the Indian Penal Code
into those that are bailable and those that are not, based on the severity of the punishment.3

2. Bailable Offence
Bail can be guaranteed, subject to the fulfilment of certain requirements, as a matter of right
under Section 436 of The Criminal Procedure Code, 1973, in the event of an offence that has
been designated as being bailable. If a case of a bailable offence should arise, the Police are
authorised to grant bail to the accused at the best time for arrest or detention. According to
Section 2(a) of the Code, a bailable offence is one that is indicated as such in the First Schedule
or that is made bailable by another legislation now in effect. A non-bailable offence is one that
is not so indicated4.

3.Non-Bailable Offence
Non-bailable refers to an offence for which bail cannot be admitted as a matter of right, save
in the context of an experienced court. The person who is to blame in such a situation may seek
for bail under Sections 437 and 439 of the Code. The Supreme Court of India has ruled that
"Bail, not Jail" should be the guiding principle when determining whether to grant bail for an
offence that is not subject to bail.5

4. Cognizable Offence

The police can detain the accused without a warrant in cases of cognizable offences. Without
the judge's approval, the police can also launch an investigation. When the time is over, the
accused is taken into custody and brought before the court. In the event of a cognizable offence,
a police officer is obligated by Section 154 of the CrPC to file a FIR. Some examples of

3
Ref: https://lawtimesjournal.in/what-is-an-offence-what-are-the-types-of-offence/, on 6th Aug,2022.
4
Ref: https://www.ilkogretim-online.org/fulltext/218-1639740993.pdf, 9th Aug, 2022.
5
Ref: https://www.ilkogretim-online.org/fulltext/218-1639740993.pdf, 9th Aug, 2022.

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cognizable offences include dowry deaths, rape, theft, kidnapping, and murder. Both bond and
no bail can be imposed for these offences.

The severity of the crime determines the sentence for each offence. Serious offences are
regarded as cognizable when they carry a minimum sentence of 3 years in jail. A crime that
is punishable by death, life in prison, or a sentence of more than three years must be cognizable,
according to Section 2(c) of the Criminal Procedure Code of 1973 (CrPC)6.

5. Non- Cognizable Offence

Non-cognizable offences are those that are of a less serious nature. Non-cognizable offences
are those for which a warrant is not required, according to Section 2(l) of the Criminal
Procedure Code. These offences, which are bailable, are listed in the Indian Penal Code's first
schedule. The police must have a warrant to make an arrest in certain cases, and the court must
give them authority to launch an investigation. Non-cognizable offences include less serious
crimes like violence, forgery, defamation, public nuisance, and others.

According to Section 155 of the Criminal Procedure Code, a police officer is required to record
the information concerning the non-cognizable offence in the station notebook and report the
informant to the magistrate. The police can only begin an investigation after being given the
magistrate's approval. A charge sheet is submitted to the court after the investigation is finished,
and a trial follows. A final order of arrest is subsequently issued by the court if a case has been
established.7

6. Provision for Bailable and Non-Bailable Offence

The Code of Criminal Procedure distinguishes between offences that are bailable and those
that are not when it comes to admission to bail. Section 437 makes it optional to grant bail to a
person accused of a non-bailable offence. Once released on bail, the person may once more be
apprehended and placed in protective custody upon request to the High Court, the Court of
Session, and the court that granted the bail. Any person may be released on bail at the discretion

6
Ref: https://blog.ipleaders.in/difference-between-cognizable-and-non-cognizable-offences, 9th Aug, 2022
7
Ref: https://blog.ipleaders.in/difference-between-cognizable-and-non-cognizable-offences, 9th Aug, 2022.

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of the High Court and the Court of Session, who may then request that any person released on
bail be apprehended and brought before the appropriate authorities. While the person accused
of a crime that qualifies for bail receives an unexpected response. He has a right under Section
436 of the Code to be released on bail at any time while being detained without a warrant and
at any step of the process while being closely monitored by the court before which he is
brought. The Criminal Procedure Code, 1973 does not explicitly provide for the cancellation
of a bail that has been set in place for a bailable offence. In any case, the High Court has the
authority to order a person accused of a bailable offence to be apprehended and placed under
guardianship for however long it may deem necessary if it is discovered during any subsequent
stage of the proceedings that the person is attempting to flee or is threatening, carrying, or
altering the arraignment witnesses. This authority derives from the High Court's abrogating
inherent powers and may be called upon in pending proceedings precisely where the High
Court has determined that the closures of justice will be stifled unless the accused is committed
to providing care. Section 482 of the Code protects and recognises the inherent power of the
High Court.

According to Section 436 of the Code, the person under the High Court's care mandate is not
eligible to ask to be released on bond. However, the High Court could grant him bail once more
upon request. Any time a court receives a request for bail, the major consideration is whether
the charge being brought against the defendant is one that may be released on bond or not. If
the offence is bailable, Section 436 of the code will permit bail with or without a guarantee;
however, if the offence isn't bailable, additional considerations arise, and the Court must decide
whether to grant bail based on those considerations. Additional considerations include the
nature and seriousness of the offence, the character of the evidence, conditions that are puzzling
to the accused, and a reasonable chance of the predicament.8

7. Procedure for Cognizable and Non-Cognizable Offence

The criminal procedure code from 1973 outlines the steps that the investigative agencies and
the rest of the legal system must take while handling criminal matters. The police should take
the following stance when dealing with both cognizable and non-cognizable offences:

In Cognizable Offence

8
Ref: https://www.ilkogretim-online.org/fulltext/218-1639740993.pdf, 9th Aug, 2022.

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1. When a First Information Report (FIR) is submitted to the police department, the case
officially starts. It notifies the police about the commission of a criminal offence by a named
or unnamed person. The complainant receives a copy of the FIR, and a second copy is sent to
the magistrate.

2. As soon as the police officer records the information, the investigation gets started. The
relevant police officers are designated by the officer in command to travel to the scene and
arrest the suspect.

3. Police may search for documents as part of an investigation and may also issue a subpoena
for the production of pertinent documents.

4. The arrested person is held in custody and interrogated until he is brought before the
magistrate within 24 hours of the arrest, taking into account travel time.

5. Police will submit an application to the magistrate asking him to prolong the duration of
imprisonment if they determine that the investigation cannot be finished in 24 hours. The
magistrate may detain the individual who was arrested for no longer than 14 days if he or she
determines that it is warranted based on the preliminary inquiry.

6. The police have every right to interview witnesses and record their remarks while conducting
an investigation. These could have a significant influence on how the case develops.

7. Within 24 hours of the incident being reported, rape or molestation victims must undergo a
medical examination.
8. A charge sheet is created and sent to the magistrate after the inquiry is complete. The
investigating officer sends a report containing the FIR, witness statements, names of parties,
facts, and information to the magistrate.

9. The court then summons the parties and announces the preliminary finding. At this point,
witnesses are called forward and requested to recite the same statements they gave to the police
under oath. If the accused decides not to enter a guilty plea, the case will proceed to trial.

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10. The trial begins in the trial court, when all of the witnesses are called and asked to testify
while being sworn in. Both sides present their cases.

11. The judge then draughts a decision that is supported by a number of arguments and is
described in it. Due to the fact that the case involves a cognizable offence, the accused will be
sentenced to a minimum of three years in prison as well as any further punishment the IPC may
impose.

In Non-Cognizable Offence

1. Police are prohibited from making an arrest without a warrant in cases of non-cognizable
offences. Without the magistrate's approval, an officer is not permitted to look into a non-
cognizable matter. Section 155(2) of the CrPC makes provision for this.

2. The police officer can launch an investigation with the same authority he does in a cognizable
case after getting the magistrate's order. As a result, both investigations follow the same
process.9

8. Difference between1011:

Sr.No Bailable Offence Non- Bailable Offence

1. It is defined u/s 2(a) of CrPC, as an It is also defined u/s 2(a) pf CrPC, as
offence which is shown as bailable an any other offence other than
in the 1st schedule, or which is made bailable.
bailable by any other law for the
time being in force.
2. Bailable offences are considered Whereas, Non- Bailable offences are
less serious in nature. considered more serious / heinous in
nature

9
Ref: https://blog.ipleaders.in/difference-between-cognizable-and-non-cognizable-offences , 9th Aug, 2022.
10
Ref: https://www.legalpedia.co.in/legalnotes/difference-between-bailable-and-non-bailable-offence.html
visited on 9th August, 2022.
11
Ref: https://blog.ipleaders.in/difference-between-cognizable-and-non-cognizable-offences/ visited on 9th
August, 2022.

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 3. As a general rule bailable offences The quantum of punishment is high in
are those in which punishment is for Non- Bailable offences which may
or less than 3 years. But there are extend to Life Imprisonment.
some exceptions to this rule
4. In Bailable Offences, bail can be Whereas, bail cannot be claimed as
claimed as of right and is granted as right and court or the police officer
a matter of course by the police has discretion to grand bail after
officer or by court. Its provision can considering facts and circumstances
be traced u/s 436 of CrPC pf each case. Provision for Non-
Bailable offence is given u/s 437 of
CrPC.

Sr.No Cognizable Offence Non- Cognizable Offence

1. Cognizable offences are those in Non-cognizable offences are those
which the accused may be detained for which an accused person cannot
by the investigating agency without be detained by the investigating
a warrant. authority without an arrest warrant.
2. Permision of court is not required, Permission of court is required after
investigation can be initiated as soon that only investigation can begin as
as FIR is been registerd. court passes the order.
3. Cognizable crimes are serious Severity of Non- Cognizable offence
offences. is lees as compared to Cognizable
offences
4. It is defined in the Section 2(c) of the It is defined in Section 2(I) of
Criminal Procedure Code, 1973. Criminal Procedure Code 1973.

9. Relevant case laws on

A) Bailable and Non- Bailable Offence12

1. Vineet Kumar v. State of Himachal Pradesh,13 (2017)

12
Ref: https://blog.ipleaders.in/bailable-offences/, visited on 9th August, 2022.
13
Vineet Kumar v. State of Himachal Pradesh, CR.MP(M) No. 1764 of 2019.

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a) Facts of the case
In this case, the accused abducted a girl who was going to her aunt's house to use the restroom
and took her to a location between 100 and 150 metres away. She asked the accused to leave
her alone, but he made threats to have sex with her and made an effort to physically rape her.
Her leg was bruised and swollen. Fortunately, she was saved at that point, and the criminal was
in police custody. The petitioner begged for release since he had been held in custody for nine
months following his attempt to abduct the girl.
b) Judgement of case
The evidence was insufficient to prove that the girl was abducted. The petitioner was not being
held indefinitely, according to the court, because there was no good reason for so. No one saw
the accused abduction the girl, and neither did the girl's family see anyone take the girl from
her aunt's house. The Himachal Pradesh High Court ruled that the petitioner should be granted
bail as well as Rs. 20,000 for each new bail bond with one surety needed to satisfy the trial
court. His bail would be revoked if he failed to abide by the terms of the bail bond.

2. Kuldeep Raj v. State of Jammu and Kashmir14, (2018)

a) Facts of the case
According to Section 354 of the Indian Penal Code, the petitioner was accused of stalking in
this instance. The prosecution filed an application to cancel bail against the petitioner after it
was discovered that he had repeatedly threatened prosecution witnesses, threatening to forcibly
lift and marry her and to have other witnesses killed if they objected. He had also applied for
bail and been granted bail by the judicial magistrate. The petitioner's bail was then revoked by
the magistrate after she granted the application. The petitioner then appeared before Jammu's
first Additional Sessions Judge. The court rejected the plea since it couldn't be upheld. To
request bail, the petitioner went to the Jammu and Kashmir High Court.
b) Judgement of case
The Magistrate and the Revisional Court erred in cancelling the Petitioner's Bail, according to
the Jammu and Kashmir High Court. In light of this, the High Court reversed the judgement of
the Revisional Court and granted the petitioner bail in addition to Rs. 20,000 for each new bail
bond with one surety that was required by the trial court. The accused may not be released from
custody if he has broken the bail bond's conditions. However, in some cases, the court may also

14
Kuldeep Raj v. State of Jammu and Kashmir, SWP No. 115/2001.

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 have the authority to revoke the bond if the defendant disobeys the ruling. This was
acknowledged by the High Court, which also issued a statement in response.

3. Gundapuneni Kranthi Kumar v. the State of Telangana15, (2022)

a) Facts of the case
In this case, the petitioner is requesting bail in the event that he will be arrested for a crime
under Section 285 of the Indian Penal Code. The offence is punishable up to six months in
prison or a fine. The offence involves negligently causing harm or injury by the use of fire or
flammable material. The crime is both bailable and cognizable. The accused had been given
notice by the police to appear before the police officer under Section 41-A of the Criminal
Procedure Code.
b) Issues Involved
The issue that arose was whether bail was granted to the petitioner or not.
c) Judgement of case
The Telangana High Court held that anticipatory bail could not be given for any bailable
offence. However, the concerned Magistrate Court must grant bail to the petitioner under
Section 436 of the Cr. P.C.

B) Cognizable and Non-Cognizable Offence16

1. Lalita Kumari v. State of U.P.& Ors17 (2013)

a. Facts of Case
The petitioner had reported that her daughter had been kidnapped to the police station's officer-
in-charge. An FIR was filed after the Superintendent of Police was told that nothing had been
done. However, no steps were taken to find the guilty or retrieve the underage child. The
petitioner invoked Article 32 of the Constitution because he had no other choice.
b. Issues Involved
Whether a police officer has the authority to conduct a preliminary investigation to determine
the accuracy of the information before registering the case or if the police officer is required to

15
Gundapuneni Kranthi Kumar v. the State of Telangana, CRLP/5494/2022
16
Ref: https://blog.ipleaders.in/difference-between-cognizable-and-non-cognizable-offences/ visited on 9th
August, 2022.
17
Lalita Kumari v. State of U.P.& Ors, WRIT PETITION (CRIMINAL) NO. 68 OF 2008

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 register a FIR after obtaining information about the occurrence of a crime that is punishable by
law.
c. Judgement of case
According to the Supreme Court, a police officer is required by Section 154 of the CrPC to file
a FIR if the information reveals a criminal offence. The word "shall" expresses the statutory
intent of the legislature and removes any choice from a police officer over whether to undertake
an initial inquiry before filing a FIR. Authorities would take harsh measures against any cops
who refuse to file a FIR.

2. Sakiri Vasu v. State Of U.P. And Others18 (2007)

a. Facts of Case
At the Mathura Railway Station, the petitioner's son, a major in the Indian Army, was
discovered dead. After conducting investigations, the G.R.P., Mathura, and the Army Court of
Inquiry determined that the Major had killed himself. The petitioner believed there had been a
murder, and he was sure of it. In a writ petition, the petitioner requested that the CBI look into
the situation before approaching the Supreme Court.
b. Issues Involved
Whether a person who feels wronged and is frustrated with the police investigative process can
request that a certain agency look into the crime.
c. Judgement of case
The Supreme Court ruled that a person cannot demand that a certain agency conduct an
investigation into an offence. He can only assert that the alleged offence was duly investigated.
A person may notify the Superintendent of Police under Section 154(3) if they have grounds
to believe that the police are not conducting an adequate investigation or are refusing to file a
FIR for a crime that is punishable by law. The aggrieved party may submit an application to
the magistrate under Section 156(3) if he is still not satisfied. If the magistrate is satisfied, he
or she may order the police to file the FIR and conduct a thorough investigation.

10. Conclusion

Offenders fall into two categories, which are commonly understandable. The first is based on
the seriousness of the offence, where a serious offence shall be considered to be a cognizable

18
Sakiri Vasu v. State Of U.P. And Others, Appeal (crl.) 1685 of 2007

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offence, empowering the police officer to arrest the alleged accused without a warrant, and in
cases where the offence is of a less serious nature, such as in a private wrong, is a non-
cognizable offence, and the police officer cannot make an arrest without the order of the court.
The second kind differentiation is based on the severity of the punishment that the offence
bears, with bailable offences being those where the punishment is three years or less of life in
prison and non-bailable offences being those where the punishment is three years or more of
life in prison. The court can decide whether or not to grant the accused person bail based on
this distinction.19

11. Bibliography

1. Iblogpleder
2. Indian Kannon
3. Law Times Journal
4. Legal Service India
5. Law Rato
6. SCC
7. Article by Dr.Pankaj Choudhury & Ms. Nimisha Sinha

19
Ref: https://blog.ipleaders.in/difference-between-cognizable-and-non-cognizable-offences/ visited on 9th
August, 2022.

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