"Offence and Its Kinds"

Offence and Its Kinds:-

According to Section 4(O) of the CR.P.C; Any act or omission made punishable by any substantial law for the time being in force; it also includes any act in respect of which a complaint may be made under section 20 of the Cattle Trespass Act, 1881.  Offence has the same meaning as the crime and in the context of the criminology, any act which is anti-social behavior or any act which is harmful to the society.

Offence is defined Under Section 40 of the Pakistan Penal Code, XLV 1860, as an act which is made punishable under the PPC. 

Neglect to maintain one's wife and children is not an offence, and a finding of a Magistrate ordering a person to pay a certain amount of money for the maintenance of his wife and children does not, therefore amount to a conviction for an offence. similarly person proceeded against under sections: 107, 109, or 110 of CR.P.C is not an accused. 

Abetment of any offence would be considered as the offence committed for the purpose of conviction.

Action taken in preventive detention against any person does not amount to an offence.

An attempt ordinarily means an intent combined with an act falling short of the thing intended. It may be described as an endeavor to do an act carried beyond mere preparation, but short of execution. an effort or endeavor to accomplish a crime.

An attempt to commit crime is: an intent to commit it, an overt act towards its commission, failure of consummation, the apparent possibility of commission.

Contempt of court is an offence made punishable under the Contempt of Courts Act. 

Bailable and Non-Bailable Offences: According to Section 4(B) of Cr.P.C, Bailable offences means offences shown as the bailable in the second schedule or which is made bailable by any other law for the time being in force and non-bailable offences means any other offences. mostly the offences which are less severe or not henious in nature and have lesser punishment provided under the substantial penal law i.e. the offences of which punishment may not exceed to ten years imprisonment or life imprisonment or death sentences, may be considered bailable offences but not necessary are so. 

Law is bail not jail, in bailable offences the grant of bail is a right and not concession; whereas in the non bailable offences the bail is not matter of right but concession or grace, Section 497 Cr.P.C divides the non-bailable offences into two classes:- 

1. Offences punishable with death, imprisonment of life or imprisonment for ten years.

2. Offences punishable with imprisonment for less than ten years, in nonbailable offences falling in second category, the grant of bail is a rule and refusal is an exception.