Introducing the Basic Knowledge of the Criminal Law

Introduction the Basic Knowledge of Criminal Law

Objective

To enlightenment the ordinary civilian with the basic knowledge of crime and to know what the right they would have.

1. what is crime?

As the Penal Code, the meaning of the crime is “an act or omission which constitutes an offence and is punishable by law.

2. Categories of Crime

The crime can be divided by two kinds. they are the cognizable and non-cognizable offence.

What the different between cognizable and non-cognizable offence?

According to Section 4 (1) (f) of Criminal Procedure Code, cognizable offence means an offence for, and "cognizable case " means a case in, which a police-officer may, in accordance with the second schedule or under any law for the time being in force, arrest without warrant. Therefore, in the cognizable offence, the police officer will gain full access authority to investigate those types of crimes and have the right to arrest without warrant or if there is no time to take the warrant from the court. the crimes which describe with the word “can arrest without warrant” in column 3 second schedule, are the cognizable offences. The crime which described as “cannot arrest without warrant” in the same schedule are non-cognizable offences. These two types are not divided depending on the penalty.

What is the bailable and non-bailable offence?

The Section 496 of this law mean that when a person arrested with an bailable offence and appear before the court by the police officer or the police sergeant, may release him on probation before the court in accordance with this section. This is the right of the accused person which give equally to all accused person who are arrested and appear with bailable offence before the court.

Section 497 (1) is the prohibition from release of any person with bail. Although a person has been arrested with an bailable offence, he shall not be release on bail, if there is an reasonable ground to believe that he had been committed an offence which amount to death penalty or life imprisonment but there is an exception if the accused person is under the age of sixteen years or any woman or any sick or infirm person, they shall be release on bail.

(2)       Wit appears to such officer or Court at any stage of the investigation, inquiry or trial, as the case may be, that there are not reasonable grounds for believing that the accused has committed a non-bail able offence, but that there are sufficient ground, for further inquiry into his guilt, the accused shall, pending such inquiry, be released on bail, or, at the discretion of such officer or Court. on the execution by him of a bond without sureties for his appearance as hereinafter provided.

(3) An officer or a Court releasing any person on bail under subsection (I) or subsection (2) shall record in writing his or its reasons for so doing.

(4) If at any time after the conclusion of the trial of a person accused of a non-bail able offence and before judgment is delivered, the Court is of opinion that there are reasonable grounds for believing that the accused is not guilty’ of any such offence, it shall release the accused. if he is in custody, on the execution by him of a bond without sureties for his appearance to here judgment delivered.

(5) The High Court or Court of Session and, in the case or a person released by itself any other Court may cause any person who has been released under this section to be arrested and may commit him to custody.

Section 498

(1)       The High Court or Court of Session may in any case, whether there be an appeal on conviction or not, direct that any person be admitted to bail, or that the required by a police officer or Magistrate be reduced.

(2) The amount of every bond executed under this Chapter shall’ having due regard to the circumstances of the case, not be excessive.

Provided that no person shall be admitted to bail under this section, unless the Attorney-General of the District Magistrate, as the case may be, has had an opportunity of being heard.

Section 499

(1)       Before any person is released on bail Or released on his own bond, a bond for such sum of money as the police-officer or Court, as the case may be, thinks sufficient shall be executed by such person, and, when he is released on bail, by one or more sufficient sure tied conditioned that such person shall attend at the time and place mentioned in the bond, and shall continue so to attend until otherwise directed by the police-officer or Court, as the case may be.

(2)       If the case so require the bond shall also bind the person released on bail to appear when called upon at the High Court, Court of Session or other Court to answer the charge.

Section 500

(1)       As soon as the bond has been executed, the person for whose appearance it has been executed shall be released and, when he is in jail, the Court admitting him to bail shall issue an order of release to the officer in charge of the jail, and such officer on receipt of the order shall release him.

(2)       Nothing in this section. section 496 or section 497 shall be deemed to require the release of any person liable to be detained for some matter other than that in respect of which the bond was executed.

Section 501

If through mistake, fraud or otherwise, insufficient sureties have been accepted, or if they afterward become insufficient, the Court may issue a warrant of arrest directing that the person released on bail be brought before it and may order him to find sufficient sureties, and, on his failing so to do may commit him to jail.

Section 502

(1) All or any sureties for the attendance and appearance of a person released on bail may at any time apply to a Magistrate to discharge the bond, either wholly or so far as relates to the applicants.

(2) On such application being made, the Magistrate shall issue his warrant of arrest directing that the person so released be brought before him. (3) On the appearance of such person pursuant to the warrant or on his voluntary surrender, the Magistrate shall direct the bond to be discharged either wholly or so far as relates to the applicants, and shall call upon such person to find other sufficient sureties, and, if he fails to do so may commit him to custody.

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