what are Cognizable, Non-Cognizable, Bailable and Non-bailable offences and Anticipatory Bail?

Please elucidate the difference b/w Cognizable, Non-Cognizable, Bailable and Non-bailable offence with an example (of an Act). Also please comment on what is meant by Anticipatory Bail??

 

CLASSIFICATION OF OFFENCES

Depending on the nature and gravity of an offence's they can be classified under any of the following heads:

·         Bailable and non-bailable offence

·         Cognizable and non-cognizable offence.

·         Compoundable and non compundable offence

BAILABLE OFFENCE: In case of bailable offence, the grant of bail is a mater of right. It may be either given by a police officer who is having the custody of Accused or by the court.The accused may be released on bail, on executing a bond, know as "bail bond", with or without furnishing sureties. Although even in case of bailable offence, the bail may be refused, if credit of the accused is doubtful.

EXAMPLES OF BAILABLE OFFENCE: Being a member of an unlawful Assembly Rioting, armed with deadly weapon

NON BAILABLE OFFENCE: A non-bailable offence is one in which the grant of Bail is not a matter of right. Here the Accused will have to apply to the court, and it will be the discretion of the court to grant Bail or not.

COGNIZABLE OFFENCES: An offence, where a police offer can arrest without a warrant.

NON COGNIZABLE OFFENCES: An offence, where a police officer can arrest only with a warrant.

EXAMPLES OF COGNIZABLE OFFENCES ARE:  Offences of waging or attempting to wage war, or abetting the waging of war against the government of India

NON- COGNIZABLE OFFENCE: Non cognizable offences are those, where a police officer cannot arrest without a warrant.  In such offences for arrest, all the steps have to be followed like:

·         Filing of complaint/F.I.R.

·         Investigation

·         Charge sheet,

·         Charge sheet to be filed in court

·         Trial

·         Final order of arrest if case has been made out.

ANTICIPATORY BAIL: Under Section 438 of the Criminal Procedure Code there is a provision for a person to seek ‘Anticipatory Bail’. This means that an individual can seek or request to get bail in anticipation or in expectation of being named or accused of having committed a non-bailable offence.

Although even in case of bailable offence, the bail may be refused, if credit of the accused is doubtful. sir how is this decided? habitual offenders?

The "bail Bond" may contain certain terms and conditions, such as:

·         The accused will not leave the territorial jurisdiction of the state without permission of court or police officer.

·         The Accused shall give his presence before police officer every time, he is required to do so.

·         The Accused will not tamper with any evidence whatsoever, considered by police in the investigation.

·         The court is empowered to refuse bail to an accused person even if the offence is bailable, where the person granted bail fails to comply with the conditions of the bail bond.