Can using abusive language land you in jail? Isn’t it quite normal to use swear words in public? Is it only serious crimes like theft and murder that constitute criminal offences? The answer is Yes, Yes-But-No, and Definitely NOT!!
The Code of Criminal Procedure, 1973 lays the process to be followed in the criminal courts. It specifically accords roles to the various authorities playing a vital role in the establishment of the criminal justice system. However, what is criminal offence in India and the types of punishments that accompany specific acts is laid under the Indian Penal Code, 1860.
When you know about an event which falls under the types of criminal offences in India, the usual process is to file an FIR at the police station of appropriate jurisdiction. But when matters fall under the powers of specific authorities, even criminal offences could be taken up by them. For example, the Enforcement Directorate is known for financial/ economic crimes. But one may need to know the process to defend a CBI case if it is a matter of corruption or a high profile criminal offence. Hence, it depends upon whether it is one among the minor criminal offences, or the high profile cases, to specify the authorities.
Categorization of list of criminal offences can be done in several ways. It could be according to the nature of offenders, classification of victims, modes of crime, punishment rendered, etc. While some crimes could be victimless, the others may have the potential to affect a large number of people, even the whole nation. The various examples could be the recent Shraddha murder case, Nirbhaya rape case, Aarushi-Hemraj twin murder case, and the list is unending.
The blog here attempts to classify several types of offences under the Indian Criminal Justice System. Several examples have been referred to for fetching a crisp-clear picture of what constitutes a crime in India.
Types of Criminal Offences in India
Minor Criminal Offences
An offence may be regarded as minor whereby the effect is negligible but it still remains a wrong as per the law. Examples could be unlawfully possessing stolen property, public nuisance, driving without due care, etc.
Serious Offences
Offences like rape, murder, dacoity, child abuse, aggravated assault, etc. stir the whole society. Such acts put a question mark over people’s safety and the duty of authorities bound to protect them. Those offences are classified as serious ones since safety and security of not only the victims but the society at large is threatened.
Quasi Criminal Offences
The term ‘quasi’ can be understood as partial and not wholesome. Legal proceedings which are not per se criminal but partially criminal are said to be quasi criminal offences. The examples could be cases of contempt of court. The similar lines are followed by cheque bounce case process.
Financial Offences
Unlawful actions like money laundering, funding terror activities, unlawful conversion of ownership of a property, tax evasion are some of the various ways of making money through the door restricted by law. That is why such acts are regarded as illegal and categorised as one among the several criminal offences.
The above 4 types of criminal offences have been generally categorised based on their nature. On the contrary, the Indian Penal Code, commonly known as IPC contains categorisation of chapters based on the victims or related figures of an offence. Given below are the diverse chapters of IPC 1860 with regards to offences committed in India.
Classification of Offences under Indian Penal Code, 1860
Offences Against the State
An act which is prohibited by law, and has the potential to risk the safety and security in the corresponding area or the whole of India, such offences are said to be committed against the state. The examples include waging war, sedition, aiding escape of a prisoner, etc.
Offences Related to Army, Navy and Air Force
Crime against a person serving the nation through Indian Armed Forces is punishable in this chapter. It could be a civilian seducing an on-duty soldier, assault by a soldier, sailor or airman against his on-duty superior, concealing or providing shelter to a deserter, etc..
Offences Against Public Tranquility
The term ‘public tranquillity’ used here refers to public peace. When someone constitutes an unlawful assembly, gathering several people to commit a crime, or riot, the act is punishable under this chapter. The provisions do not only punish the persons participating in committing the crime, it also punishes the people who indirectly aid such crime. For example, section 154 of IPC, the owner of the land on which some unlawful assembly is held is also punishable.
Offences By or Related to Public Servants
The chapter lays crimes committed by public servants misusing their authority, or by someone else disregarding the authority of a public servant. Hence, someone wearing a uniform impersonating as a police officer is punishable. Also, a police officer not following the directions summarised under the law is also covered under the legal clutches. It should be noted that the definition of public servants is very specific. Although lawyers are an unmissable entity in the justice system serviceable to the societal cause, still, a criminal lawyer in Kolkata or any other city is not a public servant as per the definition.
Offences Related to Elections
Elections are termed as the biggest ‘Festival of Democracy’. Anyone interfering with the smooth and fair conduct of elections is executed as per the provisions of this Act. The examples may include corruption and undue influence of politicians suppressing the people’s opinion.
Contempt of Lawful Authority of Public Servants
Whenever someone interferes with the lawful duties of a public servant through omission, prevention, refusal, disobedience, or false information, it is punishable as per law. Chapter 10 of IPC specifies all such acts of contempt and lays the corresponding punishments.
Offence Against Public Justice/ False Evidence
The statement here involves two aspects, i.e. false evidence and public justice. False evidence, as the term suggests, indicates towards misleading the system. When someone produces or furnishes false evidence deceiving the criminal justice system in India, the act is punishable under IPC. Regarding public justice, any act that obstructs the establishment of justice is a crime. The examples include providing shelter for robbers or dacoits, non-appearance of persons released on bail, making false claims in court, etc.
Offences Related to Coin and Government Stamps
Coins, currency notes, and even government stamps, all constitute the property of the nation. Someone producing counterfeit items, i.e. imitation of something with the intent to defraud is punishable in this chapter of IPC 1860. Any alterations related to coins or government stamps constitute a crime.
Offences Against Public Health, Safety, Convenience, Decency and Morals
Our habitat has an impression on our beings, whether it is the air, the people, the thoughts we are surrounded by, etc. Use of abusing language may be fun with selective friends, but it may be punishable when used against a public servant. A machinery emitting a gas which makes people around vulnerable to even breathing may constitute an offence if it is kept the same way while knowing the consequences.
Offences Related to Religion
When it comes to India, religion plays a vital role in society, be it the people’s names, behaviours, or even the practices followed in day-to-day lives. Any act of inconvenience with respect to religion has the potential to affect the public peace. Hence, an act of degradation of places/ objects of worship, outraging religious feelings, or causing disturbance to religious assemblies constitute an offence under IPC Chapter 12.
Offences Against the Human Body
Regarding offences against a human body, the first things that hit our imagination are murder and homicide. Any kind of injury to the body of a human, be it simple or grievous hurt, causing miscarriage, using force, assault against woman, wrongfully restraining someone, kidnapping, rape, etc. all fall under this chapter. Thus, from minor criminal offence against the body causing bruises, to causing the death of another person, it all covers under chapter 13 of Indian Penal Code, 1860.
Offences Against Property
The crimes under this chapter are not specifically those affecting the property but even those whereby human life is risked to get away with the property gained through wrongful means. The examples include theft, robbery, misappropriation of property, cheating, house trespass, etc.
Offences Against Marriage
Marriage is the most respectable and recognized union of individuals protected under civil law. However, any wrongful acts which affect the sanctity of such marriage is punishable as well. For example, bigamy, adultery, cruelty under IPC section 498A, enticing a married woman, etc.
Offence of Defamation
The act of degrading someone’s reputation is a civil as well as criminal offence. The difference between criminal law and civil law with regards to defamation is that civil laws entitle the victim for compensation. However, the criminal laws also bring punishment in specific cases whereby it is not a mere act of ignorance but ill intention causing defamation.
Offence of Criminal Intimidation, Insult and Annoyance
Threatening someone with a prospective loss, be it self or some close relation, reputation, property, etc. is an offence termed as criminal intimidation. Additionally, insulting someone or causing annoyance as a mischief against the public is a criminal wrong under chapter 22 of IPC.
Attempts
Sometimes, a criminal activity may be conspired and pursued with, but not accomplished due to some reasons. But this does not safeguard the interests of the public at large. That is why, the attempt to commit an offence punishable with imprisonment (for life or otherwise) is also an offence.
Concluding hereby, the above types of criminal offences are specifically those under the Indian Penal Code. There are others dealt with under the POCSO Act, 2012 whereby victims are minors, Dowry Prohibition Act, 1961 protecting the married women targeted for dowry, Prevention of Corruption Act, 1988 safeguarding against ill practices of bribery, and so on. However, the context under special laws remains similar as regards the other types of offences.
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