In layman’s language, the Criminal Procedure Code lays (CrPC) the rules for conduct of proceedings against any person who has committed an offence under any Criminal law, whether it is I.P.C or other Criminal law.
TYPES OF OFFENCES COVERED
All such offences are covered by Criminal Procedure Code (CrPC), which are mentioned in Indian Penal Code. For example Murder, Theft, Kidnapping, Rape, Forgery, etc.
The legal meaning and whether an act will constitute a criminal offence or not is provided in the I.P.C. The Procedure of initiating proceeding/Prosecution for a criminal offence is provided in Criminal Procedure Code (CrPC). CrPC provides the manner and place, where investigation inquiry and trial of an offence shall take place.
CLASSIFICATION OF OFFENCES
Depending on the nature and gravity of an offence’s if they can be classified under any of the following heads:
1. Bailable and non-bailable offence
2. Cognizable and non-cognizable offence.
3. Compoundable and non compoundable offence
BAILABLE AND NON-BAILABLE OFFENCE
A bailable offence is one, in which, bail is a matter of right, and non bailable offence is one, in which granting of bail is discretion of the court.
BAILABLE OFFENCE
1. In case of bailable offence, the grant of bail is a matter of right. It may be either given by a police officer who is having the custody of Accused or by the court.
2. The accused may be released on bail, on executing a bond, known as “bail bond”, with or without furnishing sureties.
3. The “bail Bond” may contain certain terms and conditions, such as:
a. The accused will not leave the territorial jurisdiction of the state without permission of court or police officer.
b. The Accused shall give his presence before police officer every time, he is required to do so.
c. The Accused will not tamper with any evidence whatsoever, considered by police in the investigation.
4. The court is empowered to refuse bail to an accused person even if the offence is bailable, where the person granted bail fails to comply with the conditions of the bail bond.
EXAMPLES OF BAILABLE OFFENCE
Although even in case of bailable offence, the bail may be refused, if credit of the accused is doubtful. However following are some offences which are classified as “Bailable offence” by the code itself:
1. Being a member of an unlawful Assembly
2. Rioting, armed with deadly weapon
3. Public servant disobeying a direction of the law with intent to cause injury to any person.
4. Wearing Garb or carrying token used by public servant with fraudulent intents.
5. Bribery in relation to elections.
6. False statement in connection with elections.
7. Refusing oath when duly required to take oath by a public servant.
8. Obstructing public Servant in discharge of his public functions.
9. Giving or fabricating false evidence in a judicial proceeding.
10. Selling any food or drink as food and drink, knowing the same to be noxious.
11. Causing a disturbance to an assembly engaged in religious worship.
NON BAILABLE OFFENCE
1. A non-bailable offence is one in which the grant of Bail is not a matter of right. Here the Accused will have to apply to the court, and it will be the discretion of the court to grant Bail or not.
2. Again, the court may require the accused to execute a “Bail-Bond with some stringent conditions.
3. The court may generally refuse the Bail, if:
a. “Bail Bond” has not been duly executed , or
b. if the offence committed is one, which imposes punishment of death or Life imprisonment, such as “Murder ” or “Rape” or
c. The accused has attempted to abscond, and his credentials are doubtful.
4. The application for bail shall be filed before the Magistrate, who is conducting the trial.
The application after being filed is usually listed on the next day. On such day, the application will be heard, and the police shall also present the accused in court. The magistrate may pass such orders, as he thinks fit.
5. If the bail is granted, the accused will have to execute a “Bail Bond”.
6. On execution of bail-bond the accused is out of prison only on such terms and conditions, as contained in the “Bail-Bond”.
7. The amount of every bond, i.e. the security shall be reasonable, and no excessive (sec 440)
8. If, at any point of time, the terms and conditions of bail are not fulfilled, the “Bond” shall be forfeited.
9. The application for Bail shall be made in the form, prescribed and the designation of judge / Magistrate should be clearly mentioned.
10. The application shall also contain an undertaking, that the accused shall fulfil all the conditions as contained in the Bail- Bond.