Difference Between Bailable and Non-bailable Offence

Edited by Diffzy | Updated on: July 28, 2023

       

Difference Between Bailable and Non-bailable Offence

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Introduction

An offence in Indian law is a breach of the law that is penalised by the state. Offences are divided into several categories based on their seriousness and the legal procedures involved. Under Indian law, there are two sorts of offences: bailable and non-bailable. The Indian Penal Code, 1860, and the Code of Criminal Procedure, 1973 classify criminal offences as bailable or non-bailable. The Indian Penal Code divides crimes into compoundable, non-compoundable, bailable, and non-bailable categories. This answer will concentrate on bailable and non-bailable offences.

Bailable vs Non-Bailable Offence

Bailable offences are ones in which a person can be freed from jail as a matter of right. This means that bail can be obtained without restriction. Cheating, affray, and election bribery are all examples of bailable offences. Non-bailable offences, on the other hand, are those in which bail is discretionary. This implies that after reviewing the facts and circumstances of each case, the court or police officer has the authority to issue bail. Murder, rape, and dowry death are all non-bailable charges.

Difference Between Bailable and Non- Bailable offence in Tabular Form

Basis of DifferenceBailable OffenceNon-Bailable Offence
DefinitionAn crime for which the accused is granted bail pending his or her trial. This also includes granting the accused interim bail, i.e. bail without holding them in court custody.Non-bailable offences are entirely at the discretion of the court of law. The court may refuse to hear the case and may sentence the number of days spent in judicial detention.
Intensity of CrimeBailable offences are less serious in nature.Non-bailable offences are more serious and atrocious in nature.
Quantum of PunishmentIn general, bailable offences are those with a sentence of three years or less. There are, however, certain exceptions to this rule.Non-bailable offences carry harsh penalties that might include life imprisonment.
Power to Grant BailBail can be obtained as a right in Bailable Offences and is granted as a matter of course by the police officer in charge of the police station or the court.Bail in Non-Bailable Offences is given at the discretion of the judge.
ExamplesCheating (Sec. 407 IPC), Affray (Sec.160,IPC), Bribery for elections (Sec 171E IPC)Dowry Death (Sec. 304B, IPC), Murder (Sec. 302, IPC), Rape (Sec.376, IPC), Voluntarily causing Grieve Hurt (Sec. 326, IPC)

What Is Bailable Offence?

Section 2(a) of the CrPC defines bailable offences as any offence listed in the First Schedule as bailable or made bailable by any other legislation now in effect. The first schedule of the CrPC is divided into two sections, the first of which deals with offences under the IPC and the second with offences under other laws. According to the final item of the First Schedule, a crime must be penalised by imprisonment for less than three years or by a fine only in order to be bailable. Simple harrassment (Section 337; IPC), bribery (Section 171E; IPC), and public nuisance (Section 290; IPC) are some of the most prevalent bailable offences.

The Right To Be Freed On Bail

According to Section 50 of the CrPC, if a person is arrested without a warrant, the police officer is required to convey the complete details of the offence for which the person is arrested. Furthermore, if the individual is arrested for a bailable offence, it is the police's responsibility to advise him that he is eligible to be released on bail after providing surety.

According to Section 436 of the CrPC, anytime a person accused of a bailable offence is arrested without a warrant and is willing to post bail, he or she should be freed on bail. The Court or the officer, depending on the situation, has the authority to set the bail amount.

The Supreme Court held in Rasik Lal v Kishore (2009) 4 SCC 446 that if a person is arrested for any bailable offence, his right to claim bail is absolute and indefeasible, and if the person accused is prepared, the court or police, as the case may be, will be bound to release him on bail.

Procedure

In order to apply for bail in the case of a bailable offence, the individual must fill out a bail form, Form No. 45, which is included in the first schedule, and apply for bail, which the Court must allow.

List of Bailable Offence under IPC –

  1. Section 140 - Wearing soldier’s garb, sailor, airman .
  2. Section 144- Punishment for unlawful assembly.
  3. Section 154- Owner or occupier of land on which unlawful assembly is held.
  4. Section 158- Owner or occupier land on which unlawful assembly is held.
  5. Section 166- Public Servant disobeying direction under law.
  6. Section 167 - Public servant framing an incorrect document.
  7. Section 177- Furnishing false information.

What Is Non Bailable Offence?

According to Section 2(a) of the CrPC, a non-bailable offence is any offence that is not listed in the First Schedule as a bailable offence. Furthermore, the First Schedule's Second Part at the conclusion defines non-bailable offences as those punished by death, life imprisonment, or imprisonment for more than seven years.

The Right To Be Freed On Bail

A person accused with a non-bailable offence does not have the right to be released on bail, but the court may grant bail at its discretion, subject to specific conditions outlined in Section 437 of the CrPC. If a person is arrested on suspicion of committing a non-bailable offence, the individual will not be released on bail unless there is a reasonable suspicion that the person is guilty of an offence punishable by death or life imprisonment. If the accused is under the age of sixteen, he or she may be freed on bail for an offence punished by death or life imprisonment.

A lady Sick and Infirm Furthermore, if the Court determines at any point of the inquiry that there are reasonable reasons to believe that the person has not committed a non-bailable offence, the individual may be released on bail on the execution of a bond.

A person accused of commission, abetment, conspiracy, or attempting to commit any offence against the state, or of offences against the human body, or of offences against property, may be released on bail, but the Court may impose conditions to ensure that the person attends the Court in accordance with the conditions of the bond executed.

He must not commit any offence identical to the one for which he is charged or suspected.

If the trial of a person accused of a non-bailable offence is not completed within sixty days in a case triable by Magistrate, such person will be freed on bail. The prerequisite for granting bail is that the person remain in custody for the entire duration. If bail is not granted to such a person, the Magistrate will record the reason for the refusal in writing. Furthermore, if a person accused with a non-bailable offence is granted bail due to any of the circumstances listed above, the authority granting the bail must document the reason in writing.

List of Non-Bailable Offence under IPC –

  1. Section121 - Waging or attempting to wage war, or a betting the waging of war, against the Government of India.
  2. Section121A - Sedition.
  3. Section131- Abetting mutiny or attempting to seduce a soldier, sailor, or airman.
  4. Section172- Absconding to avoid service of summons.
  5. Section232- Counterfeiting Indian coin.
  6. Section238- Import or export of counterfeiting Indian coin.

Difference Between Bailable And Non Bailable Offence In Points

  • Based on bail, offences are categorised as bailable or non-bailable under the Code of Criminal Procedure (CrPC), with the former implying those charges for which bail can be granted to the accused. The latter, on the other hand, denotes offences for which bail cannot be granted under typical circumstances.
  • In terms of penalty, bailable offences receive a maximum of three years in prison, whilst non-bailable offences receive more than three years. It is, nevertheless, subject to specific exclusions where there is opposing law in this respect.
  • In the event of a bailable offence, bail is granted at the accused's discretion, but in the case of a non-bailable offence, bail is granted at the court's discretion.
  • In the case of a bailable offence, the investigating officer or officer in charge of the police station has the ability to issue bail. In the case of a non-bailable offence, the Judicial Magistrate or Judge determines whether or not to grant bail.
  • In the case of a bailable offence, the accused must provide sufficient surety after being arrested, and only the investigating officer is obligated to release the accused. In contrast, in the case of a non-bailable offence, the investigating officer must present the accused before the magistrate within 24 hours of his or her detention. At that point, he or she might apply for bail directly to the magistrate or through a lawyer.
  • In the event of a bailable offence, the bail bond must be performed with or without surety, however in the case of a non-bailable offence, the bail bond must be completed under strict restrictions.
  • In the case of a bailable offence, the investigating officer or officer in charge of the police station has the ability to issue bail. In the case of a non-bailable offence, the Judicial Magistrate or Judge determines whether or not to grant bail.

Conclusion

The Criminal Procedure Code (CrPC) does not provide any explanation for the distinction between bailable and non-bailable offences. As a result, the offences covered by the two categories are classified arbitrarily. As a result, all severe crimes are classified as non-bailable offences, whilst less serious offences are classified as bailable offences.


Category

Law


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"Difference Between Bailable and Non-bailable Offence." Diffzy.com, 2024. Mon. 26 Feb. 2024. <https://www.diffzy.com/article/difference-between-bailable-and-non-bailable-offence>.



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