You are here What is Crime?
You are here What is Crime?
What is Crime?
|The main duty of the police is Prevention and Detection of Crime and maintenance of Law and Order.|
|Prevention is better than Cure, so goes an old saying of wisdom.|
|Crime is usually compartmentalized as crime against the Body and against Property.|
Crime against body would usually include abusive language and threat to life and dire consequences (Sec.504.506. IPC) simple injury and threat , simple injury by sharp cutting weapon(Sec.324 IPC), grievous injury including fracture, loss of limb, etc.(Sec.325 IPC), grievous injury by blunt substance, administration of poison etc.(Sec 328 IPC), attempt of murder(Sec.307 IPC.) , homicide not amounting to murder(Sec.299 IPC) and murder (Sec 302 IPC). Except for the offences committed under sections 504,506 & 323 IPC, all other offences under the remaining sections of law are cognizable.
Crime can be Cognizable or Non-Cognizable Difference between a cognizable and a non-cognizable offence is that in a non-cognizable offence, the Police cannot arrest a person without orders of the court, i.e. without a Court warrant and can investigate into the case only on the express directions of the court to that effect. Therefore, the experience is that in a non-cognizable offence, the Police Station officer records the complaint as a non-cognizable offence, commonly referred to as a N.C., and advises the complainant or victim to apporach the court for further directions.
In a cognizable offence the police can take cognizance of the offence on its own i.e. it need not wait for the court orders as the law envisages that in such offences permission of the court to the police to investigate the crime is implicit.
Bailable & Non-bailable - Some of these offences are Bailable i.e. after arrest the accused can apply for bail to the police station officer and under normal circumstances the police should grant bail after obtaining proper sureties.
In a Non-Bailabale offence, which is of a more serious nature, the police have to produce the accused before the nearest Judicial Magistrate to obtain police custody remand.
Whenever an accused is produced before the court in a non-bailable offence, the court decides in its wisdom for the issue of granting bail or remanding the accused to either police custody or Magisterial custody.
Similarly, offences against property are thefts from open public spaces (Sec.379 IPC), theft from the house (Sec. 380 IPC)
The philosophy of Cognizable & Non - Cognizable and Bailable & Non-bailable offences is the same in the offences against Property as well as all other offences.
Schedule II of the Criminal Procedure Code provides a ready reckoner in this regard.
|FREE LEGAL AID|
An accused is entitled to free legal aid.For free legal aid , the following can be contacted - District Legal Aid Committee, Shivajinagar District Court Compound Pune-411005
Surety in a bailable/ non-bailable offence means a person who stands surety to produce the accused as and when wanted by the Court/Police in connection with that particular matter/crime. It is defined by section 436 of Cr.P.C.(Chapter XXXIII)
In case the surety fulfills his/her obligation, the courts can proceed against them as per the procedure laid in Section 446 of Cr.P.C.