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What is crime and offence. What is the difference between Crime and Offence? How many types of offence.

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For some readers, the title “difference between crime and offence” may seem incorrect or at the very least incongruous. This is due to the widespread perception that crime and offence have equivalent meanings and can be used interchangeably. Though there are undoubtedly many similarities between the two ideas, this article will focus on their minor differences rather than their overlap.

What is Crime

 Crime differentiates from social norms in that it is illegal to break social norms, and those who do so are not subject to legal consequences. A person can only be detained, questioned by law enforcement, and eventually tried in court if he has committed a crime that is against a written law. If the accused is found guilty, the court may sentence him or her to prison along with a monetary fine.

Every society has a set of codified laws and rules to cope with those who act differently from what is expected of them. People who break these regulations are dealt with as criminals and punished in accordance with local laws. Any activity that endangers people or society at large is illegal and punished as such.

What is Offence

 A violation of civil or criminal law is referred to as an offence in dictionaries. Because of the nature of this offence, the offender faces the possibility of serving time in prison as well as a financial penalty. The definitions of an offence vary depending on the judicial systems in existence in the various nations of the world. The important point to keep in mind is that a crime can only be punished by the law if it is cognizable. This implies that for an offence to be brought before a court of law, it must violate some penal statutes. It is not an offence unless the conduct or behaviour is not mentioned in the law.

Difference Between Crime And Offence

 Crime is an act or omission punishable by law. It is a general phrase used to describe all forms of unlawful behaviour against the society that is penalised by law or, more precisely, by a judge. Its etymology is “cernere,” which means “to judge” in Latin. If not, it can be broadly applied to other immoral and social behaviours.

An offence is a specific offence under the law. According to section 40 of the Indian Penal Code, 1860, an offence is an act that is punishable by the code and Offense is a more precise term.

Types of Offences

 Cognizable Offences

 As per the Criminal Procedure Code section 2 clause (c) defines cognizable offense as those offenses for which, and “cognizable case” means a case in which, a police officer may, in accordance with the First Schedule or under any other law for the time being in force, arrest without a warrant.

Without a warrant, a police officer has the power to make an arrest of the alleged offender and conduct their own independent investigation into the matter.

Examples: Crimes like rape, murder and theft are considered cognizable.

Non-Cognizable Offences

 As per the Criminal Procedure Code section 2 clause l states that non-cognizable offense for which, non-cognizable case means in which, a police officer has no authority to arrest without a warrant.

A police officer can only make an arrest in relation to a non-cognizable offence with a warrant, and they are not authorised to conduct an investigation into a non-cognizable offence without a Judicial Magistrate’s order.

Examples: Crimes like public nuisance, hurt and mischief.

Bailable Offences

 A bailable offence is one in which the right to bail is absolute and unassailable; it may be granted by the police officer holding the offender or the concerned magistrate. Such offences include belonging to an illegal assembly, providing false testimony in court, upsetting a gathering, etc. A bailable offence is entitled to be released on bail pending his trial, according to the ruling in Rasiklal v. Kishor. Based on a “Bail Bond,” the offender gets released.

Non-Bailable Offences

 Non-bailable offenses—which typically include murder, rape, etc.—are those for which bail is not a matter of right and must be granted at the court’s discretion. In State of Maharastra v. Ramesh Taurani, it was decided that in addition to other factors, the nature and seriousness of the offence must be taken into account when determining whether to grant bail for a non-bailable offence. Here, a “bail bond” is used to issue bail with stricter restrictions than for an offence that is subject to bail. In the case of state v. Caption Jagjit Singh, it was decided that a person convicted of a non-bailable offence cannot be released on bail if they face life in prison or the death penalty.

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