DEFINTIONS

BAILABLE OFFENCE

Meaning:- A bailable offence is an offence in which the accused has a statutory right to
be released on bail. Under Section 2(a) of the CrPC, 1973, a bailable offence is one that is
shown as bailable in the First Schedule of the CrPC or is made bailable by any other law
in force.

Nature of the Right to Bail:- In bailable offences, grant of bail is not discretionary but a
matter of right. The police officer or the court is legally bound to release the accused on
bail once the accused is prepared to furnish bail. Refusal to grant bail in such cases would
be illegal.

Bail in bailable offences may be granted by: –

• The police officer in charge of the police station (Section 436 CrPC), or
• The court before which the accused is produced. Even if the accused is unable to
furnish sureties immediately, the court may release him on personal bond.

Examples of Bailable Offences:- Typical examples include minor and less serious
offences such as: –

• Simple hurt (Section 323 IPC)

• Defamation (Section 500 IPC)
• Public nuisance
• Criminal trespass (in certain cases)

Objective of Bailable Offences:- The objective is to balance the liberty of the individual
with the interest of justice by ensuring that minor offences do not result in unnecessary
incarceration.

NON-BAILABLE OFFENCE

Definition:- A Non-Bailable Offence is a criminal offence in which the accused does not
have a legal right to be released on bail. In such cases, granting bail is entirely at the
discretion of the court, based on the circumstances of the case.

Key Features:

1. Court discretion: The accused cannot demand bail as a matter of right. The court
decides whether bail should be granted.

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 2. Serious nature of offence: Non-bailable offences are usually grave or serious
crimes.

3. Arrest without warrant: Police can arrest without a warrant if there is reasonable
suspicion of involvement in the offence.

4. Judicial oversight: Bail is granted only after the court considers factors like nature
of offence, evidence, risk of fleeing, or threat to society.

Examples of Non-Bailable Offences:

• Murder (Section 302 IPC)

• Rape (Section 376 IPC)
• Kidnapping (Section 363 IPC)
• Terrorism-related offences

Illustration:- Rahul is accused of murdering his neighbour. Since murder (Section 302
IPC) is a non-bailable offence, he cannot claim bail as a right. The court will consider the
case and decide whether to grant bail based on seriousness of the offence, evidence, and
public safety.

COGNIZABLE OFFENCE

Definition:- A Cognizable Offence is a criminal offence in which the police have the
authority to register a case, investigate, and make an arrest without prior permission from
a magistrate. These are generally serious offences that require immediate action to protect
society and prevent the accused from escaping justice.

Key Features:

1. Police can register FIR: For cognizable offences, the police can directly file a First
Information Report (FIR) under Section 154 CrPC.

2. Investigation without magistrate permission: The police do not need prior

approval from a magistrate to investigate the offence.

3. Serious nature of offence: These offences are usually grave crimes that affect
public safety or involve significant harm.

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 4. Arrest powers: Police can arrest the accused without a warrant if there is
reasonable suspicion of involvement.

Examples of Cognizable Offences:

• Murder (Section 302 IPC)

• Rape (Section 376 IPC)
• Kidnapping (Section 363 IPC)
• Robbery (Section 392 IPC)

Illustration:- A person witnesses a robbery at a bank. Since robbery (Section 392 IPC) is
a cognizable offence, the police can immediately register an FIR, investigate the case, and
arrest the accused without seeking prior permission from a magistrate.

NON-COGNIZABLE

Definition:- A Non-Cognizable Offence is a criminal offence in which the police cannot

register a case or investigate without the prior permission of a magistrate. These are
generally minor offences where immediate police intervention is not required.

Key Features:

1. Police need magistrate’s approval: For non-cognizable offences, the police cannot
start investigation on their own; they must seek permission from a magistrate
under Section 155(2) CrPC.

2. FIR not mandatory: The police may record a complaint in the station diary but
cannot register a formal FIR without court consent.

3. Minor nature of offence: These are usually less serious offences that do not pose
immediate danger to society.

4. Court oversight: Investigation and prosecution happen only with judicial

supervision.

Examples of Non-Cognizable Offences:

➢ Public nuisance (Section 268 IPC)

➢ Cheating of small value (Section 420 IPC – minor cases)
➢ Defamation (Section 500 IPC)

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 ➢ Simple trespass (Section 447 IPC – minor cases)

Illustration:- Ravi complains that someone wrote offensive messages on his wall. Since
this is a minor offence (public nuisance) and non-cognizable, the police cannot start
investigation on their own. They must approach the magistrate for permission to
investigate the matter.

COMPLAINT

Definition (Section 2(d) CrPC):- A complaint is defined under Section 2(d) of the Code
of Criminal Procedure, 1973 as:

“Any allegation made orally or in writing to a Magistrate, with a view to his taking
action under the CrPC, that some person, whether known or unknown, has committed
an offence.” In simple words, a complaint is when a person tells a magistrate that
someone has committed a crime, so that the magistrate can take action.

Key Points:

1. Can be oral or written: Complaints may be made in writing or spoken orally

before the magistrate.

2. Made to a magistrate: A complaint must be addressed to a magistrate; it is not the

same as reporting to the police.

3. Purpose: The purpose is to inform the magistrate about the commission of an

offence so that legal proceedings can be initiated.

4. Any person can complain: The complainant can be any person, whether they are
the victim or a witness.

Illustration:- Seema sees her neighbour, Ramesh, stealing a bike. She goes to the
magistrate and tells him about the theft. This oral information to the magistrate is treated
as a complaint under Section 2(d) CrPC.

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 INQUIRY

Definition of Inquiry (Section 2(g) CrPC):- An inquiry means the examination of facts
and circumstances of a case by a magistrate or police officer to decide whether there is
enough ground to proceed with a criminal case. It is a preliminary step before trial.

➢ In simple words: An inquiry is an investigation or examination to see if a crime

has been committed and whether a case should go to trial.

Key Points / Features of Inquiry:

1. Preliminary Investigation:- An inquiry is conducted to collect evidence and verify

the facts before formally starting a trial.

2. Conducted by Magistrate or Police:

o Magistrate: Conducts inquiry to decide whether to take cognizance of a

complaint.

o Police: Conducts inquiry before registering a case (especially for cognizable

offences).

3. Purpose:

➢ To determine whether there is sufficient evidence to proceed against the

accused.
➢ To avoid frivolous or false cases from going to trial.

4. Not a Trial:- Inquiry is not a trial. The accused does not face formal charges, and
there is no pronouncement of guilt or innocence.

5. Evidence Collection:- During inquiry, the magistrate or police may examine

witnesses, record statements, and inspect documents or property.

6. Decision Making:- At the end of the inquiry, the magistrate may:

➢ Take cognizance of the offence and order a trial, or

➢ Dismiss the complaint if no sufficient evidence is found.

7. Legal Basis:

➢ Section 202 CrPC: Magistrate’s power to conduct inquiry for complaints.

➢ Section 156 CrPC: Police power to inquire or investigate cognizable
offences.

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Examples:

➢ A complaint is filed about cheating (Section 420 IPC). The magistrate may
conduct an inquiry to examine documents and witnesses before issuing
process against the accused.
➢ Police receives a report of theft. Before registering an FIR, they may inquire
to verify facts and identify the accused.

Illustration:- Ravi files a complaint that his shop was robbed. The magistrate conducts
an inquiry under Section 202 CrPC, examining the shop’s records and witnesses. After
the inquiry, the magistrate decides there is enough evidence to issue summons against
the accused.

INVESTIGATION

Definition of Investigation (Section 2(h) CrPC):- An investigation is the process of

collecting evidence regarding a cognizable offence to find out:

1. Whether a crime has been committed

2. Who committed the offence
3. What evidence exists to support prosecution

In simple words: Investigation is the official inquiry by police or authorized officer to

gather facts and evidence before a case goes to trial.

Key Points / Features of Investigation:

1. Conducted by Police:- Investigation is usually conducted by the police for

cognizable offences. In some cases, authorized officers (like CBI or other agencies)
may also investigate.

2. Cognizable vs Non-Cognizable:

o For cognizable offences, the police can investigate without magistrate’s

permission (Section 156 CrPC).

o For non-cognizable offences, the police cannot investigate without

magistrate’s permission.

3. Purpose of Investigation:

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 ➢ To establish the commission of an offence
➢ To identify the accused
➢ To collect and preserve evidence for prosecution
➢ To prepare a report (charge sheet) for the court

4. Powers During Investigation:- Police have legal powers to:

➢ Arrest the accused (Section 41 CrPC)

➢ Search premises (Sections 165 & 166 CrPC)
➢ Seize evidence (Section 102 CrPC)
➢ Examine witnesses (Section 161 CrPC)

5. Report to Magistrate:- After completing the investigation, the police submit a

report to the magistrate:

➢ Charge sheet (FIR + evidence) for prosecution if sufficient evidence is found

(Section 173 CrPC)
➢ Closure report if no evidence is found

6. Investigation is not a trial:- The investigation is a pre-trial process. The accused

cannot be convicted during investigation; it only collects facts for trial.

7. Authorized Investigating Officers:

➢ Police officers
➢ Central agencies (CBI, ED)
➢ Other officers authorized under special laws

Illustration:- A bank reports a robbery. The police begin an investigation by examining

CCTV footage, questioning witnesses, collecting fingerprints, and identifying suspects.
After gathering all evidence, they submit a charge sheet to the court under Section 173
CrPC.

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