The word "offence" is frequently heard in our daily lives, whether in news reports or courtrooms. But what does it truly mean in the context of Indian criminal laws? Offences, simply put, are acts or omissions that are punishable under the law.
Based on the nature and gravity of offences, they can be classified into 3 distinct categories: Bailable and Non-Bailable Offences, Cognizable and Non-Cognizable Offences, and Compoundable and Non-Compoundable Offences. These categories help decide how serious an offence is, whether someone can get bail, how police can act, and if a case can be settled outside of court.
In this blog, we are going to discuss these different types of offences to provide clarity and a better understanding. Let's Begin!
Categories of Offences
Let's talk about the different types of offences under the Bharatiya Nyaya Sanhita 2023 (BNS) (formerly Indian Penal Code or IPC) and other laws.
Offences can be classified into 3 distinct categories:
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Bailable and Non-Bailable Offences
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Cognizable and Non-Cognizable Offences
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Compoundable and Non-Compoundable Offences
Before we discuss these categories in detail, it's important to examine Schedule 1(Classification of Offences) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS)/ Criminal Procedure Code (CrPC). This schedule explains which offences are compoundable or non-compoundable and whether they are bailable or non-bailable.
Categories of Offences
The BNS categorises offences based on severity (e.g., serious vs. non-serious offences), which includes factors such as -
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Cognizability (cognizable vs. non-cognizable offences): These categories define whether the police can arrest without a warrant (cognizable) or need a warrant (non-cognizable).
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Bailability (bailable vs. non-bailable offences): These terms determine whether or not an accused person can be granted bail.
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Compoundability (compoundable vs. non-compoundable offences): This classification tells us if the offence can be settled between the victim and the accused (compoundable) or if it must be dealt with strictly by the courts (non-compoundable).
Now, let's understand each of these classifications in more detail.
1. Bailable and Non-Bailable Offence
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Bailable Offence: Offences where bail is a right, and the accused can be released by offering bail. These tend to be less serious crimes.
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Non-Bailable Offence: In more serious offences, bail is not a right and is granted only at the discretion of the court.
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Aspect
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Bailable Offence
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Non-Bailable Offence
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Nature
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Less Serious
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Serious, similar to Cognizable Offences
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Defined Under Old CrPC
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Section 2(a) of the CrPC
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Section 2(a) of the CrPC
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Defined Under New CrPC
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Section 2(1)(c) of the BNSS
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Section 2(1)(c) of the BNSS
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Right to Bail
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The accused gets bail as a matter of right
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The accused cannot demand bail as a matter of right; the court decides
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Relevant Legal Provision
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In what cases is bail to be taken:
Section 436 of CrPC/ Section 478 of BNSS
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When bail may be taken in case of non-bailable offence:
Section 437 of CrPC/ Section 480 of BNSS
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Court's Discretion
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No discretionary power; bail is granted as a right
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The court exercises discretion on whether to grant bail or not
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Example
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Petty theft, perjury, insult to a woman's modesty, etc.
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Dacoity, terrorism-related offences, child sexual abuse, etc.
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2. Cognizable and Non-Cognizable Offence
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Cognizable Offence: In this type of offence, the police have the right to arrest without a warrant and begin an investigation. These are typically more severe crimes like murder or theft.
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Non-Cognizable Offence: For this kind of offence, the police need a warrant to arrest, and an investigation can only start with a court’s permission. These include less severe crimes, like defamation.
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Aspect
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Cognizable Offence
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Non-Cognizable Offence
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Nature
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Serious (e.g., murder, sedition, rape, dowry death)
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Less serious (e.g., simple hurt, assault, criminal defamation)
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Defined Under Old CrPC
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Section 2(c) of CrPC
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Section 2(l) of CrPC
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Defined Under New CrPC
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Section 2(1)(f) of BNSS
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Section 2(1)(o) of BNSS
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Arrest Without Warrant
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Yes
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No
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FIR
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Can be lodged
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Cannot be lodged; complaints are registered under NCR (Non-Cognizable Register)
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Investigation
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Police can start without court permission
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Police need court permission to start an investigation
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| Example |
Rape, dacoity |
Assault, criminal trespass |
3. Compounable and Non-Compoundable Offence
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Compoundable Offence: Offences where the complainant can agree to withdraw the charges, typically minor offences like assault or theft.
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Non-Compoundable Offence: More serious crimes where charges cannot be dropped without judicial intervention, such as rape or murder.
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Aspect
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Compoundable Offence
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Non-Compoundable Offence
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Nature of Offence
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Generally less serious
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Serious in nature
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Compromise with Accused
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Allowed with court's permission
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Not allowed
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Relevant Legal Provision
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Compounding of Offence:
Section 320 of CrPC/ Section 359 of BNSS
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All offences which are not mentioned in Section 320 of CrPC/ Section 359 of BNSS are non-compoundable.
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Court's Permission for Compromise
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Required in certain cases like theft, voluntarily causing grievous hurt
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Not required in cases like criminal defamation, criminal trespass
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Risk to Society
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Lower risk if charges are dropped
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Higher risk to society if charges are dropped
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| Example |
Theft, defamation |
Rape, murder |
Note-Keep in mind that there's no simple rule that every cognizable offence is non-bailable. Even though cognizable offences are often serious, some of them are actually bailable, while some non-cognizable offences can be non-bailable.
To know for sure, always refer to Schedule 1 of the BNSS (CrPC), as the legislatures have clearly laid this out.
FAQs
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How many types of offences are there?
There are 3 main types of offences in India: bailable and non-bailable, cognizable and non-cognizable, and compoundable and non-compoundable.
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What are serious offences?
Serious offences involve severe crimes like murder, rape, terrorism, or dacoity, and they often come under non-bailable and cognizable categories.
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Which offences are bailable?
Less serious crimes like petty theft, defamation, or simple hurt are generally bailable offences.
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List of cognizable offences and non-cognizable offences.
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Cognizable offences: Murder, rape, theft, kidnapping.
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Non-cognizable offences: Defamation, assault, public nuisance.
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What are the types of bail?
Mainly, there are 5 types of bail in India: Regular bail, Anticipatory bail, Interim bail, Default bail and Medical bail. Also, read Bail under Bharatiya Nagarik Suraksha Sanhita.