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