Breach of Law and

Offences in Indian Legal System

 What is a Breach

1) literally, a break.
A breach may be a failure to perform a contract (breaking its terms), failure to
do one's duty (breach of duty, or breach of trust), causing a disturbance,
threatening, or other violent acts which break public tranquility (breach of
peace), illegally entering property (breach of close), not telling the truth-
knowingly or innocently-about title to property (breach of warranty), or, in past
times, refusal to honor a promise to marry (breach of promise).
2) the act of failing to perform one's agreement, breaking one's word, or otherwise
actively violating one's duty to other.
Criminal Procedure Code(CrPC)

The object of Criminal Procedure Code is to provide

machinery for the punishment of offenders against the
substantive Criminal law.

 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.
The Indian Penal Code (IPC)

 The Indian Penal Code is the official criminal code of India, which
was drafted way back in 1860.

 It's objective is to provide a general penal code for the country. It

has 511 sections across 23 chapters, providing the list of crimes
along with their definitions and punishments. The IPC has been
amended several times and is now supplemented by other Acts. Its
jurisdiction extends to the whole of India except the State of Jammu
and Kashmir
 The Code of Criminal Procedure (CrPC)

The Code of Criminal Procedure is the main legislation on the procedure for the regulation of criminal law
in India. The CrPC details the
 procedure for the investigation of the crime,
 presenting criminals before the court of law,
 collection of evidence,
 determination of guilt or innocence of the accused,
 imposition of penalties or punishments etc.

It further lays down the hierarchy of the courts competent to try criminal lawsuits.
 In descending order it is the High Court at the top followed by Sessions Court, First Class Judicial
Magistrate, Second Class Judicial Magistrate and Executive Magistrate. There is a limit affixed for
sentences which these courts can pass against the accused. The Supreme Court is the apex court, and
it has the ultimate power. The code was enacted in 1973. At present, the CrPC contains 484 sections
cut across 37 chapters. It also has two schedules and 56 forms.
 Major Difference between IPC and CrPC –

 The IPC provides a substantive list of all crimes and lays down the punishment for each one of
them.
For example, Section 378 defines Theft as “Whoever, intending to take dishonestly any moveable
property out of the possession of any person without that person’s consent, moves that property
in order to such taking, is said to commit theft.”
The punishment for the offence of theft is spelt out under Section 379 in the following words,
“Whoever commits theft shall be punished with imprisonment of either description for a term
which may extend to three years, or with fine, or with both.”
On the other hand, CrPC is a procedural law, and it lays down the ways or methods to be
followed in a criminal case. So if a person is charged with ‘theft', it is the CrPC which provides
further details as to how the investigation would be carried out, how evidence will be collected
etc. So CrPC concerns itself with the procedural aspect of the crime.
 The primary purpose of IPC is to provide a general penal code for India which prescribes
punishments to wrong-doers. The primary goal of CrPC is to consolidate the criminal law in the
country.
 The Indian Penal Code is a substantive law whereas, the Code of Criminal Procedure is
procedural law.
What is an offence?

Any act which is deemed as an offence by any law is an offence. Any act
which causes a violation of the rights of others or causes harm to others and is
so dangerous that also affects the society at large is designated as offence.
Section 2(n) of CrPC defines an offence as:

"Offence" means any act or omission made punishable by any law for the time
being in force and includes any act in respect of which a complaint may be
made under the legal provisions.
Classification Offences

 Bailable Offences
 Non Bailable Offences
 Cognizable Offence
 Non _Cognizable Offence
 Compoundable Offence
 Non Compoundable Offence
 bailable and non- bailable.
 The Cr. P.C. classifies offences into two categories
 bailable and non- bailable.
 The classification is done mainly on the basis of the gravity of the offence and
the punishment provided for such offence. Generally speaking, a bailable
offence is considered to be less grave and serious than a non-bailable offence
 Ss. 436 to 450 of Cr. P.C. The main provision relating to bail in bailable cases is
contained in Section 496,
 Criminal Procedure Code and that relating to non-bailable cases is given in
Section 497, Criminal Procedure Code
 It defines as. 2 of the Cr. P.C., as under:
“(a) “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;”
 ……. Bail is
"to set at liberty a person arrested or imprisoned, on security being taken for his appearance
on a day at a certain place, which security is called bail because the person arrested or
imprisoned is delivered into the hands of those who bind themselves or become bail for his
due appearance when required in order that he may be safely protected from prison, to
which if they have, if they fear his escape etc; the legal power to deliver him.
 Bail is a post arrest remedy aimed at the release of the arrested suspect till the date of his
trial.
The mechanism of bail can be best understood by studying the components that
particularly go into every bail decision namely: -
 1. The circumstances leading to the arrest and detention of a person;
 2. The factors for arriving at the bail decision like police record relating to the offence, its
bailable or non bailable nature, the furnishing of the requisite security by the accused,
need for surety and so on;
 3. And, lastly interpreting the law relating to bail.
 Conditions for bail
section 437 suggests that the grant of bail in bailable cases needs to
satisfy the following conditions, namely
 (a) the person has been accused of a bailable offence;
 (b) such person has been arrested or detained without a judicial
warrant, by an officer in charge of a police station or is brought
before a court; and
 (c) such person is prepared to give bail at any time when he is in
the custody of such officer, or he is prepared to do so at any stage
of the proceeding before such court
 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.
 In case of bailable offence, the grant of bail is a mater of right. It may be either given by
a police officer who is having the custody of Accused or by the court.
 The accused may be released on bail, on executing a bond, know as "bail bond", with or
without furnishing sureties.
 The "bail Bond" may contain certain terms and conditions, such as:
 The accused will not leave the territorial jurisdiction of the state without permission of
court or police officer.
 The Accused shall give his presence before police officer every time, he is required to
do so.
 The Accused will not tamper with any evidence whatsoever, considered by police in
the investigation.
 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
 Being a member of an unlawful Assembly
 Rioting, armed with deadly weapon
 Public servant disobeying a direction of the law with intent to cause injury
to any person.
 Wearing Garb or carrying token used by public servant with fraudulent
intents.
 Bribery in relation to elections.
 False statement in connection with elections.
 Refusing oath when duly required to take oath by a public servant.
 Obstructing public Servant in discharge of his public functions.
 Giving or fabricating false evidence in a judicial proceeding.
 Selling any food or drink as food and drink, knowing the same to be
noxious.
 Causing a disturbance to an assembly engaged in religious worship.
 non-bailable offence
 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.
 Again, the court may require the accused to execute a "Bail-Bond with some
stringent conditions.
 The court may generally refuse the Bail, if:
 "Bail Bond" has not been duly executed , or
 if the offence committed is one, which imposes punishment of death or Life
imprisonment, such as "Murder " or "Rape" or
 The accused has attempted to abscond, and his credentials are doubtful.
 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.
Procedures

 If the bail is granted, the accused will have to execute a "Bail Bond".
 On execution of bail-bond the accused is out of prison only on such
terms and conditions, as contained in the "Bail-Bond".
 The amount of every bond, i.e. the security shall be reasonable, and
no excessive ( sec 440)
 If, at any point of time, the terms and conditions of bail are not
fulfilled, the "Bond" shall be forfeited.
 The application for Bail shall be made in the form, prescribed and
the designation of judge / Magistrate, should be clearly mentioned.
 The application shall also contain an undertaking, that the
accused, shall fulfill all the conditions as contained in the Bail- Bond.
…..

 When the bail has been granted the accused shall,

execute a "Bail-Bond", and furnish sureties, and security
for amount as required.
 When the bond has been duly executed, the accused
shall be released, and if he is in prison, then an order of
Release shall be issued to the officer in charge.
 If the accused is charged for two separate offences,
then, he shall have to execute and satisfy Bail Bond for
both of them.
 Conditions of Revoking the Bail

 Where, the accused fails to fulfill or commits, breach of any terms and conditions of
the bond.
 Where the accused, fails to furnish the required number of sureties or fails to deposit
the security amount
 Where, the sureties accepted at the time of bail, or turn out afterwards to be
insufficient, fraud or has been accepted under mistake.
 Where any of he sureties to the bail bond, applies to the magistrate for his own
discharge
 Where one of the original surety dies or becomes insolvent, and if accused fails to
bring another surety.
 Difference between Bailable and Non-
Bailable Offences
BAILABLE OFFENCES NON-BAILABLE OFFENCE
Bailable offence means an offence
which is shown as bailable in the First
Non-Bailable Offence means any
Schedule or which is made bailable by
other offence
any other Law for the time being in
force
Bailable offences are grave and
Bailable offences are regarded as less
serious offences, For example- offence
grave and less serious.
of murder.
Under bailable offences, bail is Under Non-bailable offences, bail is a
claimed as a matter of right. matter of discretion.
Right to Obtain Bail is Substantive Right

 It is true that right to obtain a bail is a substantive right.

There is no change so far as the old Code and the new
Code are concerned, so far as right of accused to
obtain bail is concerned. There is no change in the
offences enumerated as bailable or non-bailable
offences, so far as the old Code and the new Code are
concerned. That substantive right of the accused to
claim that the offences for which he is tried are bailable
has remained.
COGNIZABLE AND NON COGNIZABLE
OFFENCE

 Offences can also be classified on the basis of

"Cognizable offence", and "Non-cognizable" offence. In
brief the difference between these two are;

 Cognizable offences: An offence, where a police offer

can arrest without a warrant

 Non-cognizable offences: An offence, where a police

officer can arrest only with a warrant.
 Cognizable offences

 Cognizable offences are those where a police officer can arrest

without warrant.
 And such cases, after arrest has been made, the accused will be
produced before a magistrate, and he may require the police
officer to investigate the matter.
 After investigation, if the case is made out, i.e. charge sheet filed
goes against accused, the magistrate can order for arrest.
 During the pendency of trial, bail application can be moved before
the concerned magistrate.
 Cognizable offences are both bailable, and non-bailable.
 Examples of Cognizable offences
 Offences of waging or attempting to wage war, or abetting the waging of war against
the government of India.
 Wearing the dress or carrying any token used by a soldier, sailor or airman with intent
that it may be believed that he is such a soldier, sailor or airman.
 Rioting armed with deadly weapon.
 Hiring, engaging or employing person to take part in an unlawful assembly or taking part
in self.
 Being or expecting to be a public servant, and taking, and taking a gratification other
than legal remuneration in respect of an official act.
 Public servant obtaining any valuable thinks, without consideration, from a person
concerned in any proceeding or business transacted by such public servant.
 Counterfeiting, or performing any pat of the process of counterfeiting Indian coin.
 Having possession of a counterfeit government stamp.
 Making or selling false weights or measures for fraudulent use.
 Negligently doing any act known to be likely to spread infection of any disease
dangerous to life.
 Causing a disturbance to an assembly engaged in religious worships.
 Non cognizable offences

 Non cognizable offences are those, where a police officer cannot

arrest without a warrant.
 In such offences for arrest, all the steps have to be followed like
 Filing of complaint/F.I.R.
 Investigation
 Charge sheet,
 Charge sheet to be filed in court
 Trial
 Final order of arrest if case has been made out.
 Difference between Cognizable and Non-
Cognizable Offences
COGNIZABLE OFFENCE NON-COGNIZABLE OFFENCE

Cognizable offence means an offence

for which a Police Officer may in Non-cognizable offence means an
accordance with the First Schedule or offence for which a Police officer has no
under any other Law for the time being in authority to arrest without warrant.
force, arrest without warrant.
For cognizable Offences, a Police Officer For non-cognizable Offences, a Police
can take cognizance without permission Officer cannot take cognizance without
or order from the Magistrate. permission or order from the Magistrate.
If among two or more offences one If among two or more offences one
offence is cognizable then the whole offence is non-cognizable then the whole
case shall be deemed to be a cognizable case shall not be deemed to be a non-
case. cognizable case.
Cognizable offences are offences for
Non-cognizable offences are punishable
which punishment is imprisonment for 3
with imprisonment for less than 3 years.
years or more (First Schedule).
 Compoundable and Non Compoundable
Offence
 Compoundable offences are
 those offences where, the complainant (one who has filed the case, i.e. the
victim), enter into a compromise, and agrees to have the charges dropped
against the accused. However such a compromise, should be a "Bonafide,"
and not for any consideration to which the complainant is not entitled to.
 Application for compounding the offence shall be made before the same
court before which the trial is proceeding. Once an offence has been
compounded it shall have the same effect, as if, the accused has been
acquitted of the charges.
 The code of criminal procedure lays down, i.e. bifurcated, the offences,
which are compoundable, and which are non-compoundable.
Features

 1. Compoundable Offense are classified under section 320 of

Criminal Procedure Code
 2. Compoundable Offenses are those offense which are less
serious in nature.
 3. Compoundable offenses mostly affects private persons.
 4. Compoundable offenses are mainly of two types namely –
(i) Compoundable with the permission of the Court (ii)
Compoundable without the permission of the Court
 5. Compoundable offenses can be compromised by the
victim and the offender, with or without the permission of the
court.
 6. Under a Compoundable offense, upon a compromise, the
offender is acquitted without any trail.
Examples
 Uttering words etc, with deliberate intent to wound the religious feelings of
any person causing hurt.
 Criminal or house trespass
 Criminal breach of contract of service.
 Printing or engraving matters, knowing it to be defamatory.
 There are some offences, which although are compoundable, but, they
can be compounded only with the permission of the court.
 These offences should be compounded before trial begins.
 Also where accused has already been convicted, and an appeal is
pending, permission of the court is required for compounding of such
offences.
 The reason for seeking permission of the court, is that these offences are
grievous in nature, and are bad example in society
NON COMPOUNDABLE OFFENCES

 There are some offences, which cannot be

compounded. They can only be quashed. The reason
for this is, because the nature of offence is so grave and
criminal, that the Accused cannot be allowed to go
scot-free. Here, in these types of cases generally, it is the
"state", i.e. police, who has filed the case, and hence
the question of complainant entering into compromise
does not arise.

All those offences, which are not mentioned in the list
under section (320) of CrPC, are non-compoundable
Features

 1. Non-Compoundable offenses are classified under CrPc.

 2. Non-Compoundable offenses are those offenses which are serious in
nature.
 3. Under a non-compoundable offense, a private party as well as the
society, both are affected by such offenses.
 4. Under a Non-compoundable offense, no compromise is allowed. Even
the court does not has the authority and power to compound such
offense.
 5. Under a Non-Compoundable offense, full trail is held which ends with
the acquittal or conviction of the offender, based on the evidence given
Examples of NON COMPOUNDABLE
OFFENCES

 Voluntarily causing hurt by dangerous weapons or means.

 Causing grievous hurt by doing on act so rashly and negligently as to
endanger human life or the personal safety of others.
 Wrongfully confining a person for three days or more.
 Assault or criminal force to woman with intent to outrage per modesty.
 Dishonest misappropriation of property.
 Difference between Compoundable and
Non-compoundable offence
 1. Withdrawal of Charges : In compoundable offence, charges against the accused can
withdrawn. While in non compoundable offence, the charges against the accused
cannot withdrawn.
 2. Nature of Crime : In compoundable offence, the nature of the crime not so serious.
While, in non compoundable offence, the nature of the crime is serious.
 3. Compoundable : In compoundable , offence compoundable by with permission or
without permission of court. While in non compoundable offence, offence cannot
compounded. its only quashed.
 4. Affected parties : In compoundable, impacts only private person. While in non
compoundable offence, affects both, private person as well as the society at large.
 5. Filing of case : In compoundable offence, case generally filed by private person. While
in non compoundable offence, case generally filed by the state.