When we hear the term ‘criminal cases’, several terms take a round in our brain. For example, police, jails, crime, accused, victims, convicts, evidence, witnesses, going on and on. The types of criminal cases also depend upon some or all these terms in order to classify the various processes followed while deciding such cases. Some criminal matters are serious in nature due to gravity of the offence, like murder and rape. Some others are not so serious, like bribing someone, committing minor financial frauds, etc. Some cases need the whole justice system on the toes in order to protect the security and rights of society as a whole. There are some others that can be dealt with calmly without much caution since they do not affect anyone but the complainant. Categorization of such crimes and their criminal procedures is taken care of in the blog below.
There is a categorization into six types of criminal cases based on the nature/ gravity of the crimes involved as shown below.
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.
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.
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.
There are types of criminal cases that can not be initiated through an FIR under section 154 of CrPC for the very reason that the offence committed is not cognizable. In such cases, the magistrate is approached for taking cognizance of the matter. Even in such cases, some offence is committed, but the same is not serious enough. The gravity of matter and whether the same falls under one of the offences under Indian Penal Code (IPC) or CrPC is evaluated based on facts of the case and the applicable laws. For matters in Kolkata city, a criminal lawyer in Kolkata may help understand the cruciality of a complaint case in criminal court.
Which types of criminal cases are tried by the sessions courts depend upon the gravity/ seriousness of the offence, thereby inflicting the corresponding punishment. Offences punishable with imprisonment for life, or of a term exceeding 7 years of imprisonment are committed to the court of sessions. Chapter 18 (sections 225 to 237) of CrPC lays the detailed process for trial before a court of session in India. People often get confused between district courts and session courts, assuming them to be separate institutions. However, when a district court exercises its jurisdiction in criminal matters, the same is termed as sessions court. It is also the highest court in a district. Appeals against Sessions' trial are made to the high court.
As per section 2(x) of Criminal Procedure Code, 1973, when “an offence is punishable with death, imprisonment for life or imprisonment for a term exceeding two years”, it is a warrants case. Such cases are more grave in nature and seek protection of evidence as well as victims and witnesses of the crime through police. That is why the police officials are empowered by law to commence investigation without seeking permission from the magistrate. The procedure for trial of a warrants case by a magistrate is laid down in chapter 19 (sections 238 to 250) of CrPC. Registration of an FIR usually initiates the process in a warrants case. Having expert criminal lawyers by your side during a warrant case hearing holds incredible importance.
To understand and get into the depths of a summons trial, it is pertinent to understand what summons are. In general, a summon can be understood as an order to call someone at a particular place. In legal terminology, it is a document issued by a court commanding someone to appear before it. In case of summons trial, such summons are sent to the accused to present himself/ herself before the court and revert on the criminal complaint made against him/ her. It should be noted that the different types of criminal cases whereby summons are served to the accused are not serious in nature.
The civil or criminal justice system in India is identified by the bollywood movie dialogue “Tareekh pe Tareekh”. Summary trial, as the name suggests, is shortening and quickening of the trial proceedings to reach the decision sooner. CrPC chapter 21 (sections 260 to 265) provides for summary trials. Although the matters are criminal in nature, they are petty as well so as to be concluded summarily, still providing all the parties enough chance to represent themselves before the court. All the 27 stages of criminal cases are not duly conducted, but both the parties are heard, followed by an argument to grasp the facts.
There are several courts in the legal hierarchy, applying the same laws on the same facts. Then what differentiates them from one another? Out of curiosity, people often have this doubt regarding the matters heard by the apex court when it comes to criminal cases. Criminal matters have a sense of urgency in them. Hence, not only high profile criminal cases, but other matters affecting the ordinary citizens are also heard in the hon’ble Supreme Court. Those may include custodial harassment, treatment in prisons, complaint of harassment, custodial deaths, speedy trials, premature release of the accused, inaction by the police, etc.
Q- What are the most common types of criminal cases?
A- The different kinds of criminal cases may be categorised based on the offences, procedure followed, seriousness of the trials, etc. For example, the right to grant of bail decides whether the case is going to be bailable or not. Hence, the categorization is done accordingly in the legal blog here.
Q- What are the three most common types of criminal cases?
A- The most common cases in the criminal courts include violence, property related crimes, and those of corruption (including white collar crimes).
Q- What are the 5 types of criminals?
A- Classification of the kinds of offenders is an aspect of criminology whereby behavioural studies are conducted for convicts. There are habitual criminals repeatedly involved in criminal activities. Legalistic criminals violate the laws due to ignorance or being victims of unjust laws. Thirdly, persons with criminal psychopathic history with regards to their personality are classified as psychopathic criminals. Institutional criminals are also termed as white-collar criminals who are said to commit professional cheating like income tax frauds, money laundering, etc. Lastly, there are situational or occasional criminals who end up in a situation of shock, betrayal, or sudden inducement which forces them to commit a crime with no skills or plans.