Offence / Delictum /

Offence: Acts and Omissions Punishable by Law

An offence is the basic unit of criminal law — the act or omission that the State has chosen to prohibit and punish. The BNSS definition is deliberately inclusive: it covers acts (positive conduct), omissions (failure to act when there is a duty), and even the violation of orders made under law. The breadth of the definition reflects the policy choice to make criminal law comprehensive rather than leaving gaps through narrow definitions.

Actus Reus and Mens Rea

Every offence classically requires two elements: (a) Actus reus — the prohibited act or omission; and (b) Mens rea — the guilty mind or criminal intent. Both must coincide in time for criminal liability to attach. The BNS General Exceptions (Sections 14-44) provide defences where either element is absent — accident (Section 20 BNS), mistake of fact (Section 14 BNS), or insanity (Section 22 BNS) can negate criminal liability.

Cognisable vs. Non-Cognisable Offences

BNSS classifies offences by the powers they give to police: Cognisable offences (Schedule I, Part I BNSS) are serious — police may arrest without warrant and investigate without Magistrate's order. Non-cognisable offences require a Magistrate's permission to investigate and a warrant to arrest. The distinction determines the entire investigation and prosecution pathway.

Bailable vs. Non-Bailable

Offences are also classified by bail entitlement (Schedule I, Column 5): bailable offences (bail as of right) and non-bailable offences (bail at court's discretion). This classification is often a matter of legislative policy reflecting the seriousness of the offence and the flight-risk or danger-to-society assessment.

Compoundable vs. Non-Compoundable

Under BNSS Section 359 (formerly CrPC Section 320), some offences are compoundable — the victim and accused can settle, ending prosecution. Non-compoundable offences cannot be privately settled; the State must prosecute them to conclusion regardless of the parties' wishes. Murder, rape, and dacoity are non-compoundable; cheating and defamation are compoundable with the court's permission.

Strict Liability Offences

In certain regulatory statutes (food safety, drug regulations, environmental laws), the requirement of mens rea is dispensed with. A person who commits the prohibited act is liable regardless of intent or knowledge. The Supreme Court in State of Maharashtra v. Mayer Hans George AIR 1965 SC 722 held that strict liability is constitutionally permissible where the statute's clear purpose demands it — particularly in regulatory offences protecting public safety.

“An offence is what the legislature has declared to be an offence. Without express or implied statutory provision, no act is an offence — nullum crimen sine lege.”