Welcome to Criminal Lawyer

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What is Criminal Law ?

Criminal law is a broad area of law that covers issues arising from police arrest and investigation, based on the suspicion of criminal activity. Criminal law addresses indictments, accusations, and criminal pleas as well as trials. Additionally, criminal law addresses problems associated with probation or parole, as well as requests for expunging or sealing criminal records.
A criminal case is a type of court proceeding in which the defendant is tried for conduct that is considered to be illegal according to the state’s legislature, or the government. Criminal cases generally begin after the person is arrested and informed of their charges, usually at a hearing known as an indictment. In regards to criminal cases, the defendant is always considered innocent until proven guilty beyond a reasonable doubt by a state prosecutor.

Type of Criminal Cases

  • Fraud
  • Criminal Breach of Trust and criminal conspiracy
  • Bounced Cheques
  • Theft
  • Forgery
  • Defamation
  • Medical Negligence
  • Money Laundering
  • Cyber Crimes
  • Harassment
  • Assault & Battery
  • Sexual Offences
  • Arson
  • Child Abuse
  • Juvenile Crimes
  • Abduction
  • Extortion
  • Counterfeiting Currency
  • White Collar Crimes
  • and other offences punishable under the code of Indian Penal

What are the 6 Types of Crime?

There is a categorization into six types of criminal cases based on the nature/ gravity of the crimes involved as shown below.

Bailable and Non-Bailable Offences

As the term itself indicates, the difference lies with the right to bail, i.e. sum of money paid to the court by an accused for release during a criminal trial. Bailable offences are less serious in nature, having punishment with imprisonment of 3 years or less. Hence, bail comes as a matter of right in such cases as per section 436 of the Code of Criminal Procedure. The examples of bailable offences include being a member of unlawful assembly, bribe, cheating, etc.
On the other hand, non-bailable offences are serious in nature, and thus, punishable with imprisonment of more than 3 years/ life imprisonment or death penalty. In such cases, releasing the accused person holds risks of tampering with the evidence, or even threat for the witnesses/ victims. Thus, bail does not become a right in such cases. It is the discretion of the courts based on facts of the matter, whether to release the accused or reject the bail application. Examples of non-bailable offences include murder and homicide, rape, kidnapping, etc.

Cognizable and Non-Cognizable Offences

The term ‘cognizable’ can be understood as ‘capable of being known’. In other words, when a matter is capable of being judicially heard, allowing the police to make arrests without warrant. Thus, cognizable cases are those when police officials can directly arrest the accused person due to the gravity of the offence committed. The police register an FIR without Magistrate’s permission, enter the record in the general diary, and continue with the investigation. Murder, rape, dacoity, etc. are the examples of cognizable offences.
The law does not authorise police officials to arrest without warrant in non-cognizable offences. Such criminal cases are not so serious in nature. In fact, registration of FIR by police requires the Magistrate’s permission as a procedural duty to investigate the matter in a non-cognizable case. Examples include cheating, defamation, forgery, etc.

Compoundable and Non-Compoundable Offences

The term ‘compoundable’ can be understood as a case that can be compromised among the parties involved. Section 320 of CrPC specifically provides the types of crime list which are compoundable. Hence, those absent from the list are regarded as non-compoundable cases. There are also some offences which are compoundable through the permission of the court. Examples are IPC section 354 regarding outraging the modesty of a woman, theft, criminal breach of trust, etc.
Compoundable cases are compromisable whereby the victim may agree to drop the charges against the accused. Such offences are not serious in nature. The examples are defamation, hurt, trespass, etc. On the other hand, non-compoundable offences are serious in nature. Hence, charges imposed against the accused can not be withdrawn by the victim since the society at large is affected by such crimes. Examples of non-compoundable offences include serious crimes like murder, attempt to murder, robbery, dowry death, etc.

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If you or a member of your family or friends have been arrested or charged under the Indian Criminal Law, kindly contact us and we will arrange for an initial free and confidential consultation, to advise you on the legal options available and best course of action to ensure a fast and favorable resolution.
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