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- Apr 17, 2023
- 4 min read

What Are Bailable And Non Bailable Offence In India

Based on bail, offenses are categorized as bailable or non-bailable under the Criminal Procedure Code, with the former implying those offenses for which bail can be granted to the accused. Conversely, the latter denotes offenses for which bail cannot be allowed in general circumstances.

Bail is when the suspect is released from the detention of police officials and entrusted to sureties on the condition that the accused appear in court to answer the accused accusation on the specified date and time. So, bail is simply the freedom provided to the accused.

Meaning of Offense

Section 2(n) of the Criminal Procedure Code defines a violation as an "Offense”. Any activity that breaches a statutory requirement of the country is considered an 'offense.' Any activity that violates another person's rights, injures another person, or is so harmful that it has a societal impact is deemed illegal.

Meaning of Bailable Offenses

Under the virtue of Section 2(a) of the Criminal Procedure Code (CrPC), bailable offenses are those which have been classified as so on the First Schedule or have been made so by any other currently in effect act. The first schedule of the Criminal Procedure Code is divided into two sections, one dealing with IPC violations and the other with crimes under other laws.
According to the final item of the First Schedule, a crime must only be punished by a fine or a term of fewer than three years behind bars in order to be eligible for bail.

Enumeration of Bailable Offenses

Section 140 of the Indian Penal Code states about the Soldier, sailor, or airman attire which is a bailable offense
Section 144 of the Indian Penal Code states that whoever forms an unlawful assembly, then it is a bailable offense
Section 154 of the Indian Penal Code states that if the owner or occupant of the land is held liable where the unlawful gathering is held, then it is a bailable offense
Section 166 of the Indian Penal Code states disobeying a legal directive as a public servant is a bailable offense
Section 167 of the Indian Penal Code states that if a public official when incorrectly frames a document, then it is a bailable offense
Section 177 of the Indian Penal Code states that a person is punished for giving incorrect information, which is a bailable offense

Meaning of Non-bailable Offenses

A person typically experiences worry and seriousness in his mind and body when he reads about murder, rape, culpable homicide, assisting in suicide, and so on. These offenses impede the proper running of the general public's lives, not to mention how such offenses affect a community's ability to live in harmony and peace.
Under the virtue of Section 2(a) of the CrPC, non-bailable offenses are those that are not specified as bailable offenses in the First Schedule.
Furthermore, the Second Part of the First Schedule at the end defines a non-bailable offense as one that entails a death, life, or prison sentence of even more than seven years.

Enumeration of Non-bailable Offenses

Section 121 of the Indian Penal Code states that waging or preparing to wage war on the Government of India or betting on war is a non-bailable offense
Section 121A of the Indian Penal Code states the punishment for Sedition, which is a non-bailable offense
Section 131 of the Indian Penal Code states that aiding and abetting a mutiny or trying to seduce soldiers, sailors, or airmen is a non-bailable offense
Section 172 of the Indian Penal Code states that absence from evading summons service is a non-bailable offense
Section 232 of the Indian Penal Code states that creating a counterfeit Indian coin is a non-bailable offense
Section 238 of the Indian Penal Code states that the export or importation of forged Indian coins is a non-bailable offense
Section 255 of the Indian Penal Code states that if the weight of the coin has been fraudulently reduced, then it is a non-bailable offense

Difference between Bailable and Non- Bailable Offenses

Hence, bail is normally not given in the case of a non-bailable offense; nevertheless, in some exceptional cases, bail is allowed by the court of law. Similarly, the main distinction between a bailable and non-bailable offense is that in the case of a bailable offense, bail is a matter of right that a suspect can claim with rights.

In the case of a non-bailable offense, the accused has no right to bail, but they might still plead for bail. The court now has the discretionary ability to grant or deny bail (according to the situation).

You will always need to lawyer if you want to get bail easily. If you need the help of lawyers for bail in Ghaziabad, then criminal lawyers in Ghaziabad can be hired, and if you need the help of lawyers for bail matters in Pune, then criminal lawyers in Pune for bail matters can be hired. Similarly, criminal lawyers in Gurgaon can be employed if you need the help of lawyers for bail in Gurgaon.