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Classification of Crime

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Crimes are classified based on subject matter severity of the crime etc.

It can be classified as
a “crime against the person.” or as a “crime against property.” These classifications are
basically for convenience and are not imperative to the study of criminal law. More important
and substantive is the classification of crimes according to the severity of punishment. Crimes
are graded into four categories: felonies, misdemeanours, felony-misdemeanours, and
infractions. criminal intent element affects a crime’s grading. Malum in se crimes, are evil in
their nature , are graded higher than malum prohibitum crimes.
Felonies are the most serious crimes. They are either supported by a heinous intent, or
accompanied by an serious result, such as loss of life, grievous injury, or destruction of
property. They are graded the highest, and all sentencing options are available. Depending on
the jurisdiction and the crime, the sentence could be execution, prison time, a fine, or
alternative sentencing such as probation, rehabilitation, and home confinement.
Consequences include the inability to vote, own a weapon, or even participate in certain
careers.

Misdemeanours are less serious than felonies, because the intent requirement is of a lower
level or because the result is less extreme. Misdemeanours are punishable by jail time, a fine,
or alternative sentencing like probation, rehabilitation, or community service. Note that
incarceration for a misdemeanour is in jail rather than prison. Jails are for defendants who
have committed less serious offenses, so they are generally less restrictive than prisons.

Felony-misdemeanours are crimes that the government can prosecute and punish as either a
felony or a misdemeanour, depending on the particular circumstances accompanying the
offense. The discretion whether to prosecute the crime as a felony or misdemeanour usually
belongs to the judge, but in some instances the prosecutor can make the decision.
Violations, are the least serious crimes and include minor offenses such as jaywalking and
motor vehicle offenses that result in a simple traffic ticket. Infractions are generally
punishable by a fine or alternative sentencing such as traffic school.

In India The Criminal Procedure Code classifies crimes into two categories: (i) Cognizable -
Sec.2(c) Cr.P.C. and (ii) Non-cognizable - Sec.2(l) Cr.P.C.
A Cognizable offence is defined as the one which an officer in-charge of a police station may
investigate without the order of a magistrate and effect arrest without warrant. The Police
have a direct responsibility to take immediate action on the receipt of a complaint or of
credible information in such crimes, visit the scene of the crime, investigate the facts,
apprehend the offender and arraign him before a Court of law having jurisdiction over the
matter. Cognizable crimes are broadly categorised as those falling either under the
5 ‘Indian Penal Code (IPC)’ or under the ‘Special and Local Laws
Non-Cognizable crimes are defined as those which cannot be investigated by police without
the order of a competent magistrate
Crimes against body, ii) Crimes against property, iii) Crimes against public order, iv)
Economic crimes, v) Crimes against women and children are other broader classification of
crimes in India.

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