What is Bailable and Non-Bailable Offences Under Indian Penal Code?

What are Bailable and Non-Bailable Offences Under the Indian Penal Code? I List of bailable and non-bailable offences.

Introduction: 

The crimes and offences and their punishments have been given under the Indian penal code, 1860. The procedure of trial also has been given in the Code of Criminal Procedure. Under CrPC, the offences have mainly been classified under two heads bailable and non-bailable offences.

What is an offence?

Any act that causes the violation of another’s rights or causes harm where a person breaches the law and is considered a high risk of danger to society is called an offence.

Section (2n) is an offence defined as an act or omission made punishable by any law for the time being in force and includes any action in respect of which a complaint may be made under section 20 of the cattle-trespass act 1871.

What is Bail?

A Bail is a tool that makes sure the suspect or the accused person will be available whenever the court requires and is taken as a written statement concerning the guidelines in the agreement.

He /she has to pay a certain amount of money depending upon the circumstances of the case, and the court will decide it.

What is a Bailable offence?

If a person is under arrest, and in case of a bailable offence, bail is a matter of his right. Here are the common bailable offences, which are simple hurt (section 337; IPC), bribery (section 171E; IPC), Public nuisance ( section 290; IPC), Death by rash or negligent act (section 304A; IPC). This offence is considered not a very serious crime in nature where the suspect can get bail by executing a bail bond.

  • Bail bond

The term bail bond means the suspect should not leave the jurisdiction of the state without permission of the court or the police officer.

The suspect will be present whenever the court or the police officer is needed, which won’t tamper with the evidence for police investigation. However, the court has the right to disapprove the bail if the suspect person does not comply with the bail bond’s condition.

Right to be released on bail in the bailable offence

Suppose a suspect is arrested without any warrant. In that case, the police officer in charge is responsible for communicating with full details of the crime scene. Also, the officer must inform whether the person arrested is bailable one or not, which comes under (section 50 of CrPc).

As per section 436 of CrPC, when a person is eligible for bail, and he or she can grant bail by the court magistrate. However, in some cases, the magistrate or the officer decides the bail amount depending upon the situation.

What is a Non-bailable offence?

Non-bailable offences are those that are punishable by death, life imprisonment, or a sentence of more than seven years in jail.

The offences which do not come under bailable offences are usually called non-bailable offences in the first schedule as per section 2(a) of CrPC.

Right to be Released on Bail in a non-bailable offence

A suspect who comes under a non-bailable offence will not have a right to be released on bail. The bail can only be granted by undertaking a few conditions under section 437 of CrPc.

  • If the person or the suspect is below sixteen, the court can bail with strict restrictions.
  • Health criteria play a crucial role for the suspect if he or she has health issues. If the suspect may not indulge in the non-bailable offence at any stage of the investigation, a person may get bail by the court on the execution of the bond.

Bail application

If the person is under the offence of non-bailable, then he has to pass on an application to the court for granting bail.

  • The bail will be issued when the court is satisfied with the suspect’s hearing and will undertake the arguments before concluding a conclusion.
  • A Suspect has to fill the bail bond through his advocate and with surety bail rules.
  • When the bail is granted, the court decides to go with a personal bond or a good amount of security in cash. Such an amount will differ depending on the severity and the situation of the case.

Difference between Bailable and Non-Bailable Offences:

Bailable Offences Non-Bailable Offence
Bailable offence means an offence that is shown as bailable in the First Schedule or made bailable by any other law for the time being in force. A non-Bailable Offence means any other offence.
Bailable offences are regarded as less grave and less serious. Bailable offences are grave and serious offences, For example- the offence of murder.
Under bailable offences, bail is claimed as a matter of right. Under Non-bailable offences, bail is a matter of discretion.

List of Bailable and Non-Bailable Offences:

Section Offence Bailable/Non -bailable
107 Abetment Depends on the offence
120B Criminal conspiracy to commit an offence punishable with death Depends on the offence.

E.g. for Punishment for murder, Non-bailable

121 Waging or attempting to wage war, or abetting the waging of war, against the Government of India Non-bailable
124A Sedition. Non-bailable
131 Abetting mutiny or attempting to seduce a soldier, sailor or airman Non-bailable
140 Wearing soldier’s garb, sailor, airman Bailable
144 Punishment for unlawful assembly Bailable
154 Owner or occupier of land on which unlawful assembly is held Bailable
158 Being hired to be part of unlawful assembly or riot Bailable
166A Public servant disobeying direction under law Bailable
167 Public servant framing an incorrect document Bailable
172 Absconding to avoid service of summons Non-bailable
177 Furnishing false information Bailable
181 False statement on oath to public servants Bailable
186 Disobedience to order duly promulgated by a public servant Bailable
189 The threat of injury to the public servant Bailable
191 Giving false evidence Bailable
195A Threatening any person to give false evidence Bailable
203 Giving false information respecting an offence Bailable
210 Fraudulently making false claims in court Bailable
213 Taking gift, to screen an offender from punishment Bailable
223 Escape from confinement or custody negligently suffered by a public servant Bailable
228 Intentionally insult or interruption to public servant sitting in a judicial proceeding Bailable
232 Counterfeiting Indian coin Non-bailable
238 Import or export of counterfeiting Indian coin Non-bailable
246 Fraudulently diminishing the weight of a coin Non-bailable
255 Counterfeiting of government stamp Non-bailable
264 Fraudulent use of a false instrument for weighing Bailable
269 Negligent act likely to spread infectious disease dangerous to life Bailable
272 Adulteration for food or drink intended for sale Bailable
274 Adulteration of drug Non-bailable
275 Sale of adulterated drug Bailable
279 Rash driving or riding on a public way Bailable
283 Danger or obstruction in public way or line of navigation Bailable
292 Sale of an obscene book Bailable
295 Injuring places of worship with an intent to insult the religion of any class Non-bailable
295A A deliberate and malicious act intended to outrage religious feelings of any class, by insulting religious beliefs. Non-bailable
297 Trespassing on burial places Bailable
302 Punishment for murder Non-bailable
304 Punishment for Culpable homicide not amounting to murder. Non-bailable
304A Punishment for causing death by negligence Bailable
304B Dowry death Non-bailable
306 Abetment of suicide Non-bailable
307 Attempt to murder Non-bailable
308 Attempt to commit culpable homicide Non-bailable
309 Attempt to commit suicide Bailable
318 Concealment of birth by secret disposal of a body Bailable
323 Causing hurt Bailable
349 Using force Bailable
354D Stalking Bailable
363 Punishment for Kidnapping Bailable
369 Abduction of a child under 10 Non-bailable
370 Trafficking of person Non-bailable
376 Punishment for Rape Non-bailable
376D Gang rape Non-bailable
377 Unnatural offence Non-bailable
379 Punishment for Theft Non-bailable
384 Punishment for Extortion Non-bailable
392 Punishment for Robbery Non-bailable
395 Punishment for Dacoity Non-bailable
406 Punishment for criminal breach of trust Non-bailable
411 Dishonestly receiving Stolen property Non-bailable
417 Punishment for Cheating Bailable
420 Cheating and dishonestly inducing delivery of property Non-bailable
426 Punishment for Mischief Bailable
447 Punishment for criminal trespass Bailable
465 Forgery Bailable
477A Falsification of accounts Bailable
489A Counterfeiting currency notes or banknotes Non-bailable
489C Possession of forged currency notes or banknotes Bailable
494 Marrying again during lifetime of husband or wife Bailable
496 The marriage ceremony was fraudulently gone through without lawful marriage Bailable
498 Enticing or taking away or detaining with criminal intent Bailable
498A Husband or relative of husband of a woman subjecting her to cruelty Non-bailable
500 Punishment for Defamation Bailable
506 Criminal intimidation Bailable
509 Word, gesture, or act intended to insult the modesty of a woman Bailable
510 Misconduct in public by a drunken person Bailable

Considering all the information stated above in the article clearly shows that the bailable and non-bailable offences under the Indian penal code are entirely committed to the process.

When a person committed an offence, that will help decide whether that offence is bailable or not and is judged by the offence done, which allows the police in the investigation to prove the crime.

Reference:

List of Bailable and Non-Bailable Offences: Classification Of Offences

Also Read:

What Is The Difference Between Cognizable and Non-Cognizable Offence Under CrPC?

What is the main difference between Judicial custody and Police custody Under CrPC?

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