Important legal terms
Cognisable Offences
1. In cognisable offences, an officer can take cognizance of and arrest a suspect without seeking a court’s warrant to do so.
2. Within 24 hours of the arrest, the officer must have detention ratified by a judicial magistrate.
3. According to 177th Law Commission Report, cognisable offences are those that require an immediate arrest.
4. Cognizable offences are generally heinous or serious in nature such as murder, rape, kidnapping, theft, dowry death etc.
5. The first information report (FIR) is registered only in cognizable crimes.
Non-Cognizable Offences
1. In case of a non-cognizable offence, the police cannot arrest the accused without a warrant as well as cannot start an investigation without the permission of the court.
2. The crimes of forgery, cheating, defamation, public nuisance, etc., fall in the category of non-cognizable crimes.
Compoundable and non-compoundable case
1. Compoundable offences are those offences where, the complainant (one who has filed the case, i.e. the victim), enter into a compromise, and agrees to have the charges dropped against the accused.
2. Compoundable offences are generally not very serious in nature.
3. Example: dishonest misappropriation of property, defamation etc.
4. Non- Compoundable offences are some offences, which cannot be compromised.
5. They can only be quashed.
6. The reason for this is, because the nature of offence is so grave and criminal, that the Accused cannot be allowed to go scot-free.
7. Here, in these types of cases generally, it is the "state", i.e. police, who has filed the case, and hence the question of complainant entering into compromise does not arise. Example: Rape, murder etc.
Bail
Bail is the conditional/provisional release of a person held under legal custody (in matters which are yet to be pronounced by the Court), by undertaking a promise to appear in the Court as and when required.
It signifies a security/collateral deposited before the Court for release.
Bailable and non bailable offences
Bailable offences are offences or crimes that are not very serious in nature and include: unlawful assembly (Sec. 144 of CrPC), payment of bribe during elections, fabrication of false evidence, participation in riots,f urnishing false information, causing death by negligence (Sec. 304A), stalking, criminal defamation, etc.
Non-bailable offences are grave and serious offences which include: sedition, waging or attempting to wage war against the government, counterfeiting of Indian currency, murder (Sec. 302), dowry death (Sec. 304B), abetment of suicide, trafficking of a person, rape (Sec. 376), etc.
Types of Bail in India
Regular Bail:
It is a direction given by the Court (any Court within the country) to release a person who is already under arrest and kept in police custody.
Anticipatory Bail:
A direction issued to release a person on Bail even before the person is arrested. In this situation, there is apprehension of arrest and the person is not arrested before the Bail is granted.
It is issued only by the Sessions Court and High Court. Anticipatory Bail became part of the CrPC in 1973 after the 41st Law Commission Report (1969).
An application for anticipatory Bail can be filed in cases of both bailable and non-bailable offences. While in the former situation, the Bail is granted as a matter of right, the grant of Bail in the latter situation is not a matter of right but a privilege & is at the behest of the discretionary power of the Court.
If a Court rejects the anticipatory Bail a person, he/she can be arrested by the police without a warrant.
Interim Bail:
Bail granted for a temporary and short period by the Court till the application seeking Anticipatory Bail or Regular Bail is pending before a Court.
Parole
It is a system of releasing a convicted prisoner.
The word parole is derived from the French phrase “je donne ma parole”, which means “I give my word”.
The release is conditional, usually subject to behaviour, and requires periodic reporting to the authorities for a set period of time.
It is granted to that person who has already served a portion of his or her sentence.
Parole is not a right, and is given to a prisoner for a specific reason, such as a death in the family or a wedding of a blood relative.
Since prison is state subject, rules of parole are decided by respective state governments.
Granted by state executive.
One can approach HC in case of rejection of plea for Parole.
Furlough meaning
Furlough is given in cases of long-term imprisonment.
It is to be allowed on a regular basis for no reason other than to allow the prisoner to maintain familial and social relationships and to counteract the negative consequences of long-term imprisonment. The right to be released on furlough is a substantial and legal right of the prisoner, and it cannot be rejected if permitted by law.
Difference between parole and furlough
Parole
not a right of the prisoner
In case of short term confinement
It can be granted a number of times.
The days of leave aren’t included within the sentenced period.
granted by the Divisional Commissioner.
justification is necessary
Furlough
right of the prisoner.
Long term confinement
Limited number of times. Justification for granting furlough not needed
The sentence of convict goes along with the furlough period.
granted by the Deputy Inspector General of Prisons.
Justification for granting furlough not needed
Parole Vs Bail.
Bail
bail refers to paying a certain amount to the government in return of freedom before the date of the trial.
Awarded to undertrials
Requires a certain amount of payment (bail bond) in order to receive freedom
Less Government supervision and thus, Do not require periodic show-up in-front of competent authority
It is awarded by Judiciary
Parole
A parole is when a person gets some time off from their jail sentence in order to fulfill some requirements.
Awarded to those who has been convicted and serving jail term.
No money is required to be paid to anyone before freedom is awarded
More supervision and require periodic show-up.
Awarded by executive