Criminal Cases - Garg Associate Get Expert Legal Services Online for Startups in India

Criminal cases that reach widespread fame generally have a scandalous element in them. On the other hand, some cases are just bizarre while others so horrific, people remain shocked for decades to come. This article enumerates certain famous and hotly debated criminal cases of the country. While this is not an exhaustive list, this author has attempted to include cases that highlight certain important aspects of the nature of the criminal law of India. Thus cases have been included from a wide range of crimes, from the most gruesome murders to shocking rapes, bizarre identity crimes, scandalous scams and even the killing of ‘ghosts’.Criminal cases involve enforcing public codes of behavior, which are codified in the laws of the state. In criminal cases, the government prosecutes individuals for violating those laws (in other words, for allegedly committing a crime). Punishment in criminal cases can include fines, community service, probation, prison, and the like.

What is a Criminal Offence?
As per the Indian Penal Code, 1860, when an act forbidden by law is voluntarily done by a person, it constitutes a criminal offence. An act alone does not amount to guilt and is only considered an offence when the performance of such an act is accompanied by a guilty mind. The legal maxim ‘actus non facit reum, nisi men’s sit rea’ means that the two conditions for penal liability I.e. the guilty act and the guilty mind must be present for an act to be seen as a criminal offence. The Criminal Procedure Code, 1973, classifies criminal offences into certain categories such as cognizable, non-cognizable, bailable, and non-bailable offences. Different offences have different procedural treatments under Indian law.

The criminal offences which are witnessed in legal systems around the world are often categorized into broad heads on numerous criteria such as procedural characteristics or the intended victims. By way of this article, we shall attempt to understand these numerous classifications of criminal offences recognized in law.

What is the difference between a Criminal Case and Criminal Offence in India?
A criminal case and a criminal offence are also two distinct concepts that are defined under the Indian Penal Code and the Criminal Procedure Code.

A criminal offence in India refers to any act or omission that is prohibited and punishable under the Indian Penal Code or any other criminal law enacted by the Indian Parliament or the state legislature. Examples of criminal offences in India include murder, theft, rape, kidnapping, forgery, etc. The punishment for a criminal offence in India can range from a fine to imprisonment for a term or even the death penalty in some cases.

A criminal case in India, on the other hand, refers to the legal proceedings initiated by the state or the government to prosecute an individual or entity that is suspected of committing a criminal offence. The procedure for conducting a criminal case in India is laid down in the Criminal Procedure Code, which sets out various stages such as investigation, arrest, bail, trial, and appeal. The purpose of a criminal case in India is to establish the guilt of the accused person and to impose an appropriate punishment under the law.

Hence, a criminal offence in India is an act or omission that is prohibited and punishable under criminal law, while a criminal case in India is the legal process initiated by the state or government to prosecute an individual or entity for committing a criminal offence.

What are the major categories of Criminal Offences?
The legal systems across the globe recognize numerous acts as criminal offences, however, these offences can be broadly categorized into the following five major categories, namely:

1. Criminal offences against a person:

These are the category of criminal offences that are perpetrated against the body or mental faculties of a person. Commission of such criminal offences results in either physical injury or mental harm to its victim. These are often considered grave and can be further classified into two categories i.e., the subclasses of homicide and other crimes of a violent nature. Some common examples of crimes against a person include murder, homicide, kidnapping, rape, etc.

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2. Criminal offences against property:

Criminal offences which are carried out against the property of another person comprise this broad category. Although such crimes are primarily perpetrated against the property of another, they may also result in causing either physical or mental harm or both to a person as a direct consequence. They are often carried out to interfere with the lawful and peaceful possession of the property of another person. Some common examples of crimes against property include theft, robbery, etc.

3. Statutory criminal offences:

These include the broad category of offences that are deemed criminal by way of a statute and often overlap with the other category of crimes. The commission of these offences is specifically prohibited under special statutes such as those relating to the use of drugs, banned substances, or financial offences. Some common examples of statutory criminal offences include drunk driving, consumption of drugs, etc.

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4. Inchoate criminal offences:

These offences relate to those which were commenced but not completed. This includes acts such as aiding the commission of a criminal offence or conspiring to perpetrate a criminal offence. Such acts to be considered criminal offences must include active and substantial steps by an accused to see through the commission of a criminal offence. The punishment for inchoate criminal offences can often be as grave as that prescribed for the commission of the actual criminal offence. These include aiding, abetting, conspiracy, attempt, etc.

5. Financial and other criminal offences:

These are offences that are carried out by way of acts such as fraud, deception, etc. to wrongfully obtain financial gain. These are often also referred to as white-collar crimes and include criminal offences such as fraud, embezzlement, tax evasion, etc.

What are the types of Criminal Cases or Offences under the Code of Criminal Procedure, 1973?
The code of criminal procedure, which lays down the procedure for trying criminal offences under the Indian justice delivery system classifies criminal offences into the following categories, namely:

Bailable and non-bailable offences;

Cognizable and non-cognizable offences; and

Compoundable and non-compoundable offences

1. Bailable offences:

These types of criminal offences are defined in the code of criminal procedure under Section 2 (a), as the offences which are laid down in the first schedule of the code. Bailable offences are essentially those which are punishable with imprisonment of fewer than 3 years or with a simple fine only.

Under the code of criminal procedure, bailable offences carry an unfettered right of bail, therefore a person arrested without a warrant for a bailable offence has an absolute right to be released on bail, given that such person is willing to pay the bail amount. Pertinently, the bail amount is fixed by a court of law, and the grant of bail is conditional upon an accused satisfying this demand. The code of criminal procedure also provides for the form which has to be filled by an accused while applying for bail.

Some common examples of bailable offences under the Indian penal code are common hurt, public nuisance, bribery, etc.

Consult: Top Criminal Lawyers in India

2. Non-bailable offences:

As the name suggests, non-bailable offences are those which do not accord the accused an unfettered right to bail. All the offences not included in the first schedule of the code of criminal procedure are non-bailable. These are defined as offences that are either punishable with the death penalty, life imprisonment, or rigorous imprisonment for more than seven years. In the case of non-bailable offences, the decision of granting bail is upon the discretion of a court of law which may be refused or granted subject to certain conditions as the court may deem fit. While deciding whether to grant or refuse bail to an accused, a magistrate must record the reasons for such a decision in the court’s order. An application for bail in case of a non-bailable offence can be made by submitting form 45 as provided in the code of criminal procedure.

Some common examples of non-bailable offences under the Indian penal code include murder, dowry death, kidnapping, rape, etc.

3. Cognizable offences:

These are offences for which the code of criminal procedure grants the police administration the authority to arrest an accused person without a warrant. Therefore, because of this absolute authority granted to the police administration, cognizable offences are often always more serious offences of a grave nature which carry the more severe punishments under the Indian penal code. The first schedule of the code of criminal procedure provides a list of all offenses under the Indian penal code and other statutes which are categorized as cognizable.

Some common examples of cognizable offences under the Indian penal code are murder, rape, dowry death, etc.

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4. Non-cognizable offences:

Contrary to cognizable offences, non-cognizable offences are those against which the police administration is not provided with the unfettered authority to arrest without a warrant. Non-cognizable offences are often more petty and menial offences, which do not entail severe punishments in law. The injured party in such cases are often private individuals and society as a whole is not considered a victim of the offence. Therefore, in the case of non-cognizable offences, the aggrieved/injured party is expected to approach the police administration or the judiciary and initiate criminal proceedings. It is for this reason that the police administration cannot carry out a formal arrest without the authority of a warrant. The warrants for arrest against a non-cognizable offence need to be issued by a court of law deeming the arrest of the accused essential to meet the ends of justice.

Some common examples of non-cognizable offences under the Indian penal code are forgery, cheating, defamation, etc.

5. Compoundable offences:

Compoundable offences are those which can legally be settled and put to a quietus by way of an agreement between the accused and the injured party. In the case of compoundable offences, the injured party can undertake to withdraw prosecution against the accused in exchange for some form of consideration or gratification, thereby settling.

The code of criminal procedure under Section 320 provides the list of criminal offences which are compoundable in nature, however, this provision further classifies compoundable offences into two subclasses namely, those which can be compounded without the intervention of a court of law and secondly, those which can only be settled with the permission of a court of law. If the parties associated with the compoundable offence agree to settle the matter and reach a compromise, the court records such settlement and disposes of the criminal proceedings before it.

Some common examples of compoundable offences under the Indian penal code are wrongful confinement, criminal breach of trust, cheating, etc.

6. Non-compoundable offences:

These are offences that cannot be settled by way of agreement between the affected parties to the crime. All offences not mentioned in the list of compoundable offences under Section 320 fall under the category of non-compoundable offences. The compounding of such offences which are often graver in nature is against public policy and therefore, any agreement executed to affect the compounding of a non-compoundable offence is void in the eyes of law. Even amongst the courts in India, it is only the apex court i.e., the supreme court which can permit the compounding of a non-compoundable offence.

Some common examples of non-compoundable offences under the Indian penal code are murder, rape, dowry death, etc.

Why do you need a lawyer in a Criminal Case?
As a citizen bound by the letter of law, it is important to understand the intricacies of the criminal justice system which is incomplete without a proper understanding of the numerous types of criminal offences punishable by law. A holistic understanding of these broad categories as discussed above is only possible with the aid of a trained criminal lawyer who can impart necessary information that will best help protect and enforce your rights before a court of law. A trained lawyer can ensure that your case or dispute is handled with the expertise required to traverse the justice delivery mechanisms put in place by the state and thus best protect your interests. Therefore, the first step for any person embroiled on either side of a criminal dispute is to seek the services of a good criminal lawyer.
[25/09, 8:07 pm] Adv Arun Kumar Garg: 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.

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.

Different Types of Criminal Cases Based on Trial

Complaint Trials
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.

Sessions Trials
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.

Warrant Trials
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.

Summons Trials
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.

Summary Trials
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.

What types of criminal cases are heard in the Supreme Court?
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.

Different Kinds of Cases in Criminal Laws – FAQs

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 behavioral 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.