Classification of Offences
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The offences under any law (mostly the Indian Penal Code) are classified as cognizable and non-cognizable, as bailable or non-bailable and by the lowest courts which can try them. These are given and defined in the First Schedule of the Code of Criminal Procedure, 1973.
EXPLANATORY NOTES
| (1) | In regard to offences under the Indian Penal Code, the entries in the second and third columns against a section the number of which is given in the first column are not intended as the definition of, and the punishment prescribed for, the offence in the Indian penal Code, but merely as indication of the substance of the section. |
| (2) | In this Schedule, | |
| (i) | the expression "Magistrate of the first class" and “Any Magistrate" include Metropolitan Magistrates but not Executive Magistrates; | |
| (ii) | the word "cognizable" stands for a "a police officer may arrest without warrant"; | |
| and | ||
| (iii) | the word "non-cognizable" stands for "a police officer shall not arrest without warrant". | |
| (3) | Herein | |
| (i) | "bailable" means the person shall be offered to be released on suitable bail upon his arrest [by the police or the court] {informing about his right to be so released} | |
| and | ||
| (ii) | "non-bailable" means shall not be automatically entitled to be released on bail [but does not mean that the court may not order him to be released on a suitable bail - with or without any conditions] | |
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