Classification of Offences

The Code of Criminal Procedure is also called the criminal procedure code
(CrPC). This code was enacted in 1973 and came into force on April 1,
1974.

Classification of Offences
According to the Code of Criminal Procedure, the offences can be classified
into the following categories:

Bailable and Non-Bailable Offences

Bailable Offence
According to section 2(a), a bailable offence is an offence which has
been shown as bailable in the First Schedule of the Code of Criminal
Procedure.
Bailable offence can be defined as an offence in which bail is a matter
of right.
These are the offences which are punishable with imprisonment below
three years.
They are non-grave and of less-serious nature.
Examples: Bribery, cheating, forgery, death by rash or negligent act,
public nuisance, etc.

Non-Bailable Offence
According to section 2(a) of the Code of Criminal Procedure, non-
bailable offences are the other offences which are shown as non-
bailable in the First Schedule of CrPC.
In non-bailable offences, bail is not a matter of right, but it is the
court’s discretion.
Only Judicial Magistrate can grant bail.
 These are the offences which are punishable with imprisonment above
three years.
They are graver and more heinous in nature.
Examples: Murder, rape, theft, robbery, criminal breach of trust,etc.

Cognizable and Non-Cognizable Offences

Cognizable Offence
Cognizable offences are of serious nature. The definition of cognizable
offence is provided under section 2(c) of the Code of Criminal
Procedure.
Cognizable offences are offences in which a police officer can arrest a
person without a warrant. Or these are the offences which have been
shown as cognizable offences under the First Schedule of CrPC.
These offences are punishable by three years imprisonment or more.
Under such an offence, police are under a legal duty to investigate
without permission from the Magistrate.
Examples: Murder, rape, dowry death, waging war against the state.

Non-Cognizable Offence
Non-cognizable offences are those offences in which a police officer
cannot arrest a person without a warrant or offences which are
shown as non-cognizable offences under the First Schedule of CrPC.
Non-cognizable offences are less serious in nature. The definition of
non-cognizable offence is provided under section 2(l) of the Code of
Criminal Procedure.
These offences are punishable with imprisonment of less than three
years or with a fine.
Under non-cognizable offences, the police have neither the duty nor
the power to investigate such offences without the permission of the
Magistrate.
Examples: Voluntarily causing hurt, cheating, mischief, forgery, etc.

Compoundable and Non-Compoundable Offences

Compoundable Offence
Compoundable offences are those where the victim and accused
resolve their dispute through a settlement or compromise.
Section 320 of CrPC deals with compoundable offences.
For such compromises, sometimes even court permission is required.
Therefore, it can be said that offences that are less serious in nature
can be settled or compromised.

Non-Compoundable Offence
Non-Compoundable offences are more serious in nature.
Other offences which are not mentioned under section 320 of the Code
of Criminal Procedure are classified as non-compoundable offences.
These are those offences where the victim and the accused cannot
resolve their dispute by a settlement or a compromise.
Such an offence can only be quashed by an order of the court because
the gravity or the heinousness of the offence is very high from
compoundable offence, and the accused cannot be allowed to run
away from punishment.
Examples: Rape, murder.

Proclamation and Attachment under CrPC

Proclamation
In a legal sense, the term ‘proclamation’ refers to an official
announcement. Here, it is one of the ways of compelling a person to
present himself before the Court of law.
Under Section 82 of the CrPC, here the summons for the attendance
of the accused person is to be issued, but the court believes the
accused may abscond or when the accused fails to appear before the
court without any reasonable cause, a warrant of arrest is issued.
 Now, the warrant of arrest has been issued, and there is reason to
believe that the accused has absconded or is hiding himself to avoid
the execution of the warrant.
The court may publish a written proclamation requiring the accused
to appear specifying the place and time before the court and may
attach his property.
These provisions have been dealt with under sections 82 to 86 of the
Criminal Procedure Code.

The manner in which Proclamation shall be made

According to the Section 82(2), it specifies the manners in which a
proclamation can be made. They are as follows:
The proclamation shall be read publicly in the part of the town or
village where such person resides;
The written proclamation shall be attached to some prominent(clearly
visible) part of the house in which such person resides;
A copy of such publication will also be attached at the courthouse;
If the court thinks fit, it may order to publish such publication in a daily
newspaper circulating in the area where such person resides.

Attachment of property
The Court that issues the proclamation might attach any movable or
immovable property of such person under Section 83 of the CrPC when it
has a reason to believe (by an affidavit or other evidence) that the person is
making an attempt to:
dispose of the immovable property; or
remove the whole or part of the property from the local jurisdiction
of the court

Claims and Objections to Attached Property Section 84

 Claims and objections can be made by the interested person other than
the person proclaimed for the attached property within six months from
the date of attachment.
Such a claim or objection shall be inquired into and may be allowed or
disallowed in whole or in part.

Release, Sale and Restoration of Attached Property

Under Section 85
RELEASE -
As per section 85 of the CrPC, if the proclaimed person appears before
the court within the time specified, his property shall be released.
SALE -
If the proclaimed person doesn’t appear within the time specified, the
property comes at the disposal of the State Government. But it shall
not be sold until;
1. Six months expires from the date of attachment, and
2. Any claim or objection is disposed of.
Unless the property is perishable in nature or if the court considers that
the sale would benefit the owner.
RESTORATION
If within two years of the date of attachment, the person whose
property was at the disposal of State Government appears or is brought
before the court.
In this case, the property or the sale proceeds will be delivered to him
if he satisfies the court that he did not abscond or conceal himself.
According to section 86 of the Criminal Procedure Code, any person
dissatisfied by the denial of the Court to deliver the property or the
proceeds of sold property which such person was entitled to under Section 85
of the said Act, then that person could file an appeal in the Court where the
appeals of the first-mentioned Court are generally filed.

Moideen v. The Sub Inspector of Police

In Moideen vs The Sub Inspector Of Police, petitioner was the sixth accused in
the case and was absconding. As a result, his case was separated from the
other accused persons and the provisions of Sections 82 and 83 of the
CrPC were applied and his property was attached. Thereafter, the
petitioner surrendered before the Magistrate and was later released on
bail.

Classes of Criminal Courts in India

What is a Criminal Court?
A Criminal Court is a court that has the jurisdiction and authority to try
and punish the persons accused of committing a crime as per
criminal law.
Generally, the government files a case in Criminal Courts against a
person who has committed any crime.
The reason behind this is that whenever a crime is committed, it is
considered an act against a state and not only the victim.
It is the paramount duty of the state to protect its citizens. Therefore
the state becomes operative when a crime is committed.

Classes of Criminal Courts in India

Criminal courts can be categorised or classified, in the hierarchy, as given
below:
1. Supreme Court.
2. High Court.
3. Sessions Court (also called Court of Session).
4. Judicial Magistrates of First Class (called Metropolitan Magistrates in
metropolitan areas).
5. Judicial Magistrates of Second Class.
6. Executive Magistrates.

1. Supreme Court.
 The Supreme Court is the apex judicial body in India and the highest
court of appeal.
It has the power of judicial review. This allows it to examine the
constitutionality of laws and governmental actions.
The Supreme Court hears appeals from lower courts and tribunals. Its
decisions are binding on all other courts in the country.
It also has the authority to issue writs for the enforcement of
fundamental rights.
The Supreme Court of India comprises the Chief Justice and 30 other
Judges appointed by the President of India.

2. High Court.
Each state in India has a High Court, which serves as the highest judicial
authority within the state.
High Courts have original jurisdiction, meaning they can hear cases
directly.
They also have appellate jurisdiction over lower courts within their
respective states. They hear appeals against the judgments and
orders of subordinate courts and tribunals.
High Courts also possess the power of judicial review. They can issue
writs for the enforcement of fundamental rights within their
jurisdiction.
The Chief Justice of a High Court is appointed by the President in
consultation with the Chief Justice of India and the Governor of the
State.

3. Sessions Court
The provisions related to the Court of Session are contained under
section 9 of CrPC. It provides that the state must establish a Court of
Session for every Sessions Division, which is to be governed by a
judge appointed by The High Court
The Court of Session is set up in every district or group of districts in
India.
 Appeals against the decisions of the Court of Session can be made to
the High Court.
The High Court can also appoint Additional Sessions Judges and
Assistant Sessions Judges to govern the Court of Session.

4. Courts of Judicial Magistrates of First and Second Class.

They are appointed in every district or group of districts in India.
The provisions regarding the Courts of Judicial Magistrates are described
under sections 11 and 12 of the Criminal Procedure Code.
Section 11(1) of CrPC provides that the Court of Judicial Magistrates of
the First Class and the Second Class must be established in such
number and at such places, as the High Court may by notification,
specify.
The state government must consult with the High Court. However,
these courts are not to be established in a metropolitan area.
As given in section 11(2) of CrPC, the presiding officers of these courts
are appointed by the High Court.

5. Court of Metropolitan Magistrates.(Section 16)

The provisions related to the Court of the Metropolitan Magistrates are
described under section 16 of the Criminal Procedure Code. As per
section 16(1), the state government is entitled to establish Courts of
Metropolitan Magistrates in every metropolitan area.
The state government establishes such courts in such numbers and
places, as the High Court may specify.
The officers presiding over the Courts of Metropolitan Magistrates are
appointed by the High Court.
Consequently, these Courts have the jurisdiction and authority over
the entire metropolitan area.

6. Executive Magistrates. (Section 20)

Executive Magistrates are appointed by the state government under
the Code of Criminal Procedure.
 They exercise administrative and executive functions, which include
the following:
maintaining law and order,
issuing prohibitory orders, and
granting licenses.
Executive Magistrates do not have the power to conduct trials or pass
judgments in criminal cases.
As per Section 21, Special Executive Magistrates shall be appointed by
the State Government for particular areas or for the performance of
particular functions.
These are appointed either to fulfil special needs of particular areas or
for serving particular functions in the specified areas.

Summons and Warrants

In the Indian legal system, the Code of Criminal Procedure, 1973 (CRPC)
governs the procedural aspects of criminal law. Summons and warrants of
arrest are essential tools used by the criminal justice system to ensure the
attendance of individuals involved in legal proceedings.

Summons:
1. Definition:
A summons is a legal document issued by a court or a police officer that
requires an individual to appear before the court on a specified date and
time. It is typically used when the accused is not in custody, and the court
believes that issuing a summons would be sufficient to secure their
presence during the proceedings.

2. Issuing Authority:
A summons can be issued by a court or by a police officer. Courts usually
issue summons in non-cognizable offenses, where the arrest is not necessary
for the investigation.
3.Essentials of Summons
Summons should be clear and specific. Further, according tosection 61of the
Criminal Procedure Code:
1. It shall be in writing.
2. It shall be served in duplicate.
3. It shall be signed by the presiding officer of the court issuing it.
4. It shall bear the seal of the court.

4. Contents of Summons:
A summons typically includes details such as the name of the accused, the
offense for which they are summoned, the date and time of appearance,
and the court's address.

5. Service of Summons:
According to section 62 CrPC, the summons shall be served by a police
officer or an officer of the Court or any other public servant. If practicable,
the summons shall be served personally on the person summoned by
delivering to him one of the duplicates of the summons, and he shall sign
it.

6. No Immediate Arrest:
In a summons case, there is no immediate arrest of the accused. The court
relies on the accused's voluntary appearance.

7. Failure to Comply:
If the accused fails to appear after being summoned, the court may issue a
warrant for their arrest.

8. Procedure:
The trial in a summons case generally follows a simplified procedure, and the
court may proceed to hear the case based on the evidence presented.

Warrant of Arrest:
1. Definition:
 Section 70 of the Criminal Procedure Code states the aspects of a
warrant of an arrest.
A warrant of arrest is a legal document issued by a court authorizing
the arrest of an individual. It is generally used when the person
accused of a crime is not likely to voluntarily appear in court or
when there is a concern that they might flee.

2. Issuing Authority:
Warrants of arrest are issued by courts and are signed by a judicial
magistrate. The issuance of a warrant is based on the satisfaction of the
magistrate that there are reasonable grounds to believe the accused has
committed an offense.

3. Contents of Warrant:
A warrant of arrest contains details such as the name of the accused, the
offense for which they are charged, and specific instructions for their
arrest.

4. Execution of Warrant:
A warrant of arrest empowers any police officer or other person named in
the warrant to arrest the accused. The officer executing the warrant must
inform the person being arrested of the substance of the warrant and, if
necessary, use reasonable force to effect the arrest.

5. Bailable and Non-Bailable Warrants:

Warrants are classified as either bailable or non-bailable. In the case of
bailable offenses, the accused can secure bail as a matter of right. For non-
bailable offenses, the accused may have to apply for bail, and the decision
rests with the court.
In conclusion, summons and warrants of arrest play crucial roles in the
administration of criminal justice under the CRPC. Summons are issued to
secure the presence of individuals in court, while warrants of arrest are
employed when there is a need to apprehend someone who may not
willingly appear. The issuance of these legal instruments is subject to the
principles of fairness and justice, and both are integral components of the
criminal procedural framework in India.

Key differences between Summon and Warrant

1. Purpose: A summon is a court order requiring a person to appear in court,
while a warrant is a court order authorizing law enforcement to
conduct a specific action, such as search or arrest.
2. Issuance: A summon is typically issued by a court clerk, while a warrant
is issued by a judge or magistrate.
3. Evidence required: A summon typically does not require any evidence
to be presented, while a warrant requires probable cause to be
established.
4. Timeframe: A summon generally requires the person to appear within
a certain timeframe, while a warrant is typically valid for a specific
period of time.
5. Enforcement: A summon can be enforced by a court's contempt
powers, while a warrant is typically enforced by law enforcement.
6. Execution: A summon is executed by the person being ordered to
appear in court, while a warrant is executed by law enforcement.
7. Consequences: Failure to comply with a summon can result in a finding
of contempt of court, while failure to comply with a warrant can result
in arrest.

ARREST UNDER CrPC

An Arrest is an act of taking a person into custody as he/she may be
suspected of a crime or an offence. It is done because a person is
apprehended for doing something wrong.
Chapter V of the Code of Criminal Procedure, 1973 deals with the arrest
of persons under Sections 41 to Section 60.
If broadly characterized arrest is of two types-
Arrest made in pursuance with a warrant issued by the magistrate.
 Arrest made without any warrant but within the established legal
provisions.
State of Haryana v/s Dinesh Kumar 2008- the apex court observed
that the expression arrest has neither been defined in the Crpc nor in
IPC , the only indication as to what would constitute arrest may perhaps
be found in section 46 of the code which describes the mode in which
arrest are to be made.
Section 41 says the police officer has to be satisfied that such arrest is
necessary:
To prevent such person from further committing such offence
For purposes of investigation
Prevent the person from causing evidence to disappear.

44. Arrest by Magistrate:

1. When any offence is committed in the presence of a Magistrate,
whether Executive or Judicial, within his local jurisdiction, he may
himself arrest or order any person to arrest the offender, and subject
to the conditions relating to bail, commit the accused to custody.
2. Any Magistrate, whether Executive or Judicial, may at any time arrest or
direct the arrest, in his presence, within his local jurisdiction, of any
person for whose arrest he is competent at the time and in the
circumstances to issue a warrant.

43. Arrest by Private Persons

Section 43 of CrPC provides the procedure for arrests made by private
individuals.
This section gives the right to a private person to arrest on the
individual, who in his/her presence, commits a cognizable or a non-
bailable offense or who is a 'proclaimed offender'
 The private person can arrest such an offender to hand over his custody
to the nearest police station and if the police officer finds such person
coming under the provisions of section 41, the police officer has to re-
arrest the offender. [9]

Provision for Members of Central Armed Forces

Section 45 of CrPC exempts the members of the Armed forces from
being arrested for anything done by them in the discharge of their
official duties except after obtaining the consent of the government.
Sub-section 1 of this section provides that sections 41 to 44 of CrPC
would not be applicable on members of armed forces of the union
and they cannot be arrested for anything done by them during the
discharge of their official duty, but they can be arrested after taking
consent of the central government.
If a member of Armed Forces of the union has been conferred with a
responsibility to maintain public order in a specific state or region, then
the state government of the state where the members are deployed may
make the provisions of section 45(1) applicable, just like the Central
Government does, for such members of Armed forces. [10]

Special Provision Regarding Arrest of Females Section

46
Women have been given some special privileges which have to be
necessarily followed while carrying out their arrest.
The general rule is that Females are not be arrested without the
presence of a lady constable and further no female is arrested after
sun-set. But there is an exception in those cases where crime is very
heinous and arrest is important as in these cases arrest can be made
upon special orders based on the facts of such cases.
Separate lock-ups are to be provided to women.

D.K. Basu's Case and Rights of Arrested Person

In 1996, a landmark judgment was passed in the D.K. Basu v. State of West
Bengal case, provided for certain guidelines which were to be necessarily
followed in all cases of arrest and detention. This case additionally
discussed certain rights which have been provided to the arrested or
detained person. This was done so as to eliminate the incidences of police
aristocracies and cases of custodial deaths.

HOW ARREST IS MADE?

Section 46 of CrPC, provides for how an arrest is made.
The Code of Criminal Procedure,1973 have vested the Police with the
following powers to make an arrest -
1. USE OF FORCE -
The police may use necessary force to arrest a person if he resists it or
tries to escape from it.[Section 46(2)]
The power to restrain a person shall not extend to causing the death of
a person who is not accused of an offence punishable with death.
[Sec 46(3)]
2. USE OF HANDCUFFS -
When the police arrests a person in with a warrant of arrest obtained
from a Magistrate the person so arrested shall not be handcuffed
unless the police have also obtained orders from the Magistrate for
the handcuffing of the person to be so arrested.
When the police arrests a person without warrant, the police officer
concerned, on the basis of the guidelines may use handcuffs on such
a person, he may do so till the time he is taken to the police station
and thereafter his production before the Magistrate.
3. POWER TO SEARCH A PLACE-
Under Section 47 of CRPC, the police are empowered to search a place
and the occupier of the house or the person acting under an arrest
warrant are under a legal duty to provide all necessary facilities to the
police.
 If such facilities are denied, then the police can enter by use of force.
4. POWER TO PURSUE OFFENDERS IN ANY PLACE OF INDIA-
Under Section 48, a police officer arresting an accused without a warrant,
whom he is authorized to arrest, can pursue such a person in any place in
India.
If the arrest is with a warrant, then according to Section 77, a warrant of
arrest can be executed in any place in India.
5. POWER TO RE-ARREST AN ESCAPEE-
Under section 60, if a person under lawful custody escapes, then the
person under whose custody he escaped from can arrest him in anyplace
in India.

JOGINDER KUMAR VS STATE OF UP (1994)

No arrest can be made simply because it is lawful. There must be justifiable
reasons for arrest.