Criminal Procedure Code
Section 40 of Indian Penal Code 1860 Defines “offence” as a thing made punishable by this Code. Where as Section 2(n) of The Code of Criminal Procedure, 1973 defines the word “OFFENCE” to mean any act or omission made punishable by any law for the time being in force and includes any act in respect of which a complaint may be made under Section 20 of the Cattle-trespass Act, 1871.
In India these two (Indian Penal Code 1860 and The Code of Criminal Procedure, 1973) are the basic laws relating to crime. Indian Penal Code 1860 is a substantive law which defines various offences and enumerates their punishment and penalties.
The Code of Criminal Procedure, 1973 is a procedural law which creates the machinery for arresting the criminals investigating their cases, and imposition of proper punishment to the guilty person. It also provides hierarchy of criminal courts and spells out the limits of sentences which such Courts are authorized to pass.
Act alone does not constitute an offence. Mens rea means a guilty mind. It is based on latin maxim actus non facit ream nisi mens sit rea which means an act alone does not makes a person guilty of an offence, unless the act is done with guilty mind.
Types of offences
As per Section 2(a) of The Code of Criminal Procedure, 1973 Bailable offence means an offence which is shown as bailable in the First Schedule of or which is made bailable by any other law for the time being in force
Non-bailable Offence means any other offence other than Bailable offence.
As per section 2(c) “Cognizable offence” means an offence 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 warrant.
As per Section 2(I) “Non-cognizable offence” means an offence for which, and “non-cognizable” case means a case in which, a police officer has no authority to arrest without warrant. Thus, a non-cognizable offence needs special authority to arrest by the police officer
As per Section 2(d) “Complaint” means any allegation made orally or in writing to a Magistrate, with a view to his taking action under this Code, that some person, whether known or unknown, has committed an offence, but it does not include a police report.
So a complaint is
(i) an oral or a written allegation;
(ii) that some person known or unknown has committed an offence;
(iii) complaint must be made to a magistrate; and
(iv) complaint must be made with the object that he should take action
These online MCQ Mock tests and MCQ questions includes all main concepts of the chapter (Criminal Procedure Code) in CS Executive Module II Industrial, Labour and General Law (ILGL MCQ based OMR) Exam