To understand the difference between bailable and non-bailable offences it is very important to understand what is an offence. After that, you will be well known the difference between bailable and non-bailable offences.
What is an offence?
Any act which is deemed as an offence by any law is an offence. Any act which causes a violation of the rights of others or causes harm to others and is so dangerous that also affects society at large is designated as offence. Section 2 ( n ) of CrPC defines an offence as ” Offence ” means any act or omission made punishable by any law for the time being in force and includes any act in respect of which a complaint may be made under section 20 of the Cattle – Trespass Act, 1871.
What is bail?
Bail is an instrument which is used to ensure the presence of an accused whenever required by the court. CrPC does not define the term Bail, but essentially, Bail is an agreement in which a person makes a written undertaking to the court to appear before it whenever required and comply with any conditions set out in the agreement. He/she also assures to forfeit a specified sum of money if the person fails to comply with any terms and conditions of the agreement.
Difference between Bailable & Non – bailable offences
In the case of a bailable offence, the grant of bail is a matter of right. It may be either given by a police officer who is having the custody of the Accused or by the court. However, A non – bailable offence is one in which the grant of Bail is not a matter of right. Here the Accused will have to apply to the court, and it will be the discretion of the court to grant bail or not.
Section 2 ( a ) of the Code of Criminal Procedure, 1973, Bailable offence means an offence which is shown as bailable in the First Schedule, or which is made bailable by any other law for the time being in force; and “ non – bailable offence ” means any other offence. It consists of two parts, the first relates to offences under the Indian Penal code and the second one relates to offences under other laws.
The second part says that the offence punishable with imprisonment for less than three years or a fine only shall be bailable. Such offences are tried by any Magistrate. Bail means the guarantee or sum of money demanded by a law court. Its paid by the arrested person on a criminal charge, temporarily released until which time he is allowed to go free.
To understand the difference between bailable and non-bailable offences first you should see the list of crimes which is bailable and non-bailable in IPC.
Bailable offence
Bailable Offences are those offences or crimes that are not very serious in nature. In such cases, bail is a right and the arrested person must be released after depositing the bail with the police. The police have the power to grant bail in these types of cases. The accused may be released on bail, on executing a “ bail bond “, with or without furnishing sureties.
The ” Bail Bond ” may contain certain terms and conditions, such as The accused will not leave the territorial jurisdiction of the state without the permission of the court or police officer. The Accused shall give his presence before the police officer every time, he is required to do so.
The Accused will not tamper with any evidence whatsoever, considered by police in the investigation. The court is empowered to refuse bail to an accused person even if the offence is bailable, where the person granted bail fails to comply with the conditions of the bail bond.
Non – Bailable offence
Non-bailable offences are serious offences where bail is a privilege and only the courts can grant it. On being arrested and taken into custody for a serious or non-bailable crime, a person cannot ask to be released on bail as a matter of right.
The court may generally refuse the Bail, if: the ” Bail Bond ” has not been duly executed, or if the offence committed is one, which imposes a punishment of death or Life imprisonment, such as ” Murder ” or ” Rape ” or if the accused has attempted to abscond, and his credentials are doubtful.
The application for bail shall be filed before the Magistrate with the help of a criminal lawyer, who is conducting the trial. The application after being filed is usually listed the next day. On such day, the application will be heard, and the police shall also present the accused in court. The magistrate may pass such orders, as he thinks fit.
Difference Between Bailable and Non-Bailable Offences
List of Bailable Offences
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
8. Section 181- False statement on oath to public servants
9. Section 186- Disobedience to order duty promulgated by the public servant
10. Section 189- Threat of injury to the public servant
11. Section 191- Giving false evidence
12. Section 195A- Threatening any person to give false evidence
13. Section 203- Giving false information with respect to an offence
14. Section 210 – Fraudulently making false claim in court
15. Section 223- Escape from confinement or custody negligently suffered by a public servant
16. Section 213- Taking gifts, to screen an offender from punishment
17. Section 228- Intentionally insult or interruption to public servant sitting in judicial proceedings
18. Section 264 – Fraudulent use of the false instrument for weighing
19. Section 269- Negligent act likely to spread infectious disease dangerous to life
20. Section 279- Rash driving or driving on a public vehicle.
21. Section 283- Danger or obstruction in public way or line of navigation
22. Section 292- Sale of an obscene book
23. Section 297 – Trespassing on burial places
24. Section 304A- Punishment for causing death by negligence
25. Section 309- Attempt to commit suicide
26. Section 318- Concealment of birth by secret disposal of the body
27. Section 323- Causing hurt
28. Section 349- Using force
29. Section 354D- Stalking
30. Section 363- Punishment for Kidnapping
31. Section 417- Punishment for Cheating
32. Section 426- Punishment for Mischief
33. Section 447- Punishment for Criminal trespass
34. Section 465- Forgery
35. Section 477A – Falsification of accounts
36. Section 489C- Possession of forged currency notes or banknotes
37. Section 494- Marrying again during lifetime of husband or wife
38. Section 496- Marriage ceremony was fraudulently gone through without lawful marriage
39. Section 498- Enticing or taking away or detaining with criminal intent
40. Section 500- Punishment for Defamation
41. Section 506- Criminal intimidation
42. Section 509- Word, gesture or act intended to insult the modesty of a woman
43. Section 510- Misconduct in public by the drunken person.
List of Non-Bailable Offences
1. Section 121- Waging or attempting to wage war, or abetting the waging of war, against the Government of India
2. Section 124A- Sedition
3. Section 131- Abetting mutiny or attempting to seduce a soldier, sailor or airman
4. Section 172 Absconding to avoid service of summons
5. Section 232- Counterfeiting Indian coin
6. Section 238- Import or export of counterfeiting Indian coin
7. Section 246 – Fraudulently diminishing weight of the coin
8. Section 255- Counterfeiting of government stamp
9. Section 274 – Adulteration of drug
10. Section 295A- Deliberate and, a malicious act intended to outrage religious feelings of any class, by insulting religious beliefs
11. Section 302- Punishment for murder
12. Section 304- Punishment for Culpable homicide not amounting to murder
13. Section 304B- Dowry’s death
14. Section 306- Abetment of suicide.
15. Section 307- Attempt to murder
16. Section 308- Attempt to commit culpable homicide
17. Section 369- Abduction of a child under the age of 10 years
18. Section 370- Trafficking of person
19. Section 376- Punishment for Rape
20. Section 376D- Gang rape
21. Section 377- Unnatural offence
22. Section 379- Punishment for theft
23. Section 384- Punishment for extortion
24. Section 392- Punishment for robbery
25. Section 395- Punishment for dacoity
26. Section 406- Punishment for criminal breach of trust
27. Section 411- Dishonestly receiving stolen property
28. Section 420- cheating and dishonestly inducing delivery of property
29. Section 489A- Counterfeiting currency notes or banknotes
30. Section 498A- Husband or relatives of husband of a woman subjecting her to cruelty.
Difference between Bailable & Non-bailable offence
In the case of bailable, it’s binding upon the investigating officer to grant bail. While in case of a non-bailable offence the police do not grant bail. The decision to grant bail is taken by a Judicial Magistrate / Judge only. In the case of a bailable, if the accused produces proper surety after his arrest, and fulfils other conditions, it’s binding upon the Investigating officer to release him.
While in the case of a non-bailable offence, the Investigating Officer must present the accused before the Judicial Magistrate / Judge concerned within 24 hours of the arrest. At that time, the accused has a right to apply for bail himself or through his representative/lawyer.
These are some differences between Bailable And Non-bailable offences.