What is felony?
When a crime crosses a certain brink, it becomes a felony and is punishable by imprisonment for a year or more. These acts aren't mere misdeeds; they often involve violence, causing significant harm, or posing a danger to society. Crimes like first-degree murder and arson stand as grim examples of the most grave felonies a person can commit.
Classification of Felonies in India
The 1860 Indian Penal Code (IPC) defines serious crimes punishable by imprisonment exceeding three years, or even death. Though it avoids the term "felony," the IPC organizes offenses into seven distinct categories based on their impact and severity:
Offenses Against the Human Body: Acts like murder, attempted murder, dowry-related killings, kidnapping, and assault fall under this category.
Offenses Against Property: This category covers robbery, theft, extortion, vandalism, and breaking and entering.
Offenses Disrupting Public Peace: Unlawful assemblies, riots, and violent brawls disrupt social harmony and are addressed here.
Tampering with Documents: Forgery, falsification, and misuse of documents or property markings, like counterfeiting, fall under this category.
Offenses Against Women and Children: Rape, sexual harassment, stalking, acid attacks, and child abuse are among the violations addressed here.
Offenses Against the State and Terrorism: Treason, waging war against the state, and terrorism are acts that threaten national security and fall under this category.
Offenses Related to Elections: Bribery, undue influence, and voter impersonation undermine the electoral process and are addressed here.
The 1973 Code of Criminal Procedure (CrPC) further classifies these offenses based on procedural aspects:
Bailable vs. Non-Bailable: The accused has a right to bail in bailable offenses, while bail is at the court's discretion in non-bailable offenses.
Cognizable vs. Non-Cognizable: Police can arrest suspects without a warrant for cognizable offenses, but require a warrant for non-cognizable offenses.
Compoundable vs. Non-Compoundable: In compoundable offenses, parties can settle out of court, while non-compoundable offenses require judicial resolution.
Summons vs. Warrant Cases: Offenses punishable by less than two years imprisonment or only a fine fall under summons cases, while those potentially resulting in more than two years imprisonment or the death penalty are considered warrant cases.