The Machinery & Classification of Offences — KSLU Bnss Notes
The Machinery & Classification of Offences
Criminal procedure sets the machinery through which the substantive criminal law (the BNS) is enforced. The hierarchy of criminal courts under the BNSS runs from the Supreme Court and High Courts down through the Court of Session (Sessions Judge, Additional and Assistant Sessions Judges), the Chief Judicial Magistrate and Judicial Magistrates of the First and Second Class, with Executive Magistrates handling preventive and administrative functions.
Every offence is classified along three axes, and the classification controls the entire procedure that follows:
| Axis | Categories | Why it matters |
|---|---|---|
| Cognizable / non-cognizable | Police may arrest without warrant vs not | Decides power to register FIR & investigate without a Magistrate’s order |
| Bailable / non-bailable | Bail as of right vs at the court’s discretion | Decides the accused’s entitlement to release |
| Compoundable / non-compoundable | Can be settled with the victim vs not | Decides whether the case can end by compromise |