Bailable and Non Bailable Offences
Bailable and non bailable offences have been explained in this article. The term “Bail” has not been defined nowhere in the Criminal Procedure Code, 1973. The word “Bail” has been derived from the old French verb “Bailer” which means “to give” or “to deliver”.
Bailable and non bailable offence is an important aspect of the CrPC. In India, the offences are classified into two categories;
- Bailable Offence
- Non Bailable Offence
Bailable Offence
Bailable offences are defined under section 2(a) of the Criminal Procedure Code, 1973 as “the available offences are those offences which are shown as bailable in the Schedule – I of the Code of Criminal Procedure Code, 1973.”
The said definition of the bailable offences under section 2(a) of the code is not exhaustive since the given definition does not answer the question as to what these offences are.
Therefore, in simple words, bailable offences can be defined as “the offences where the bail is a matter of right because these types of offences which are of no grave nature in respect to the seriousness and that are why generally these offences are punishable for up to three years of imprisonment or below or with a fine or both.
As we state above, the offences punishable by up to three years of imprisonment are bailable offences. The less serious offences do not always render it as bailable in nature because of the presence of numerous exceptions present contrary to this rule, as the offence of Sedition under section 124A of the Indian Penal Code, 1860 is a punishable offence with imprisonment for three years but the offence is non bailable in nature.
On the other hand, the offence under section 335 of the Indian Penal Code, 1860 talks about causing grievous with imprisonment for 4 years but is still bailable in nature.
Right to be Released on Bail
Bail in bailable offence has been provided under section 436 of the Criminal Procedure Code, 1973. It is stated that “Whenever an accused person of a bailable offence is arrested without warrant and is prepared to give bail, such person shall be released on bail. The discretion to decide the bail amount is with the court or the officer, as the case may be.”
Rasik Lal v/s Kishore 2009
In this case, the Supreme Court held that a person is arrested for any bailable offence, therefore, the arrested person has the right to claim bail is an absolute right and indefeasible and if the person accused is prepared, the court or the police as the case will be bound to release him on bail.
Whenever an arrested person applies for bail in the case of a bailable offence, it is mandatory to fill out a form of bail bond i.e. Form No. 45 which is provided in the first schedule of CrPC.
Non Bailable Offence
Non bailable offences are defined under section 2(a) of the Criminal Procedure Code, 1973 as “the non bailable offences are the offences other than bailable offences.”
Difference Between Bailable and Non Bailable Offences
| Basis | Bailable Offence | Non Bailable Offence |
|---|---|---|
| Definition | The bailable offence has been defined under section 2(a) of CrPC as “the available offences are those offences which are shown as bailable in the Schedule – I of the Code of Criminal Procedure Code, 1973.” | The non bailable offence has been defined under section 2(a) of CrPC as “the non bailable offences are the offences other than bailable offences.” |
| Gravity | The gravity of the offences in the bailable offences is less serious and lower as compared to non bailable offences. | In the case of non bailable offences, mostly the accused get bail through the court. However, there is a provision under section 437 (4) of CrPC that empowers the police officer to grant bail while recording reasons in writing. But, in reality, the police officers do not grant bail. |
| Punishment | In the bailable offences, the quantum of sentence is below or up to 3 years. Although, there are some exceptions with respect to this rule. For Example, the offence of kidnapping under section 363 of the IPC is a bailable offence but is punishable by imprisonment. | In the non bailable offences, the quantum of sentence is higher as compared to punishments in the bailable offence. In non bailable offences as they are punishable with death, imprisonment which may exceed three years or seven years. |
| Bail | In the bailable offences, the bail can be granted as a matter of right. | In non bailable offences, bail is not a matter of right, but rather it is a matter of the discretion of the court of law. |
| Power to Grant Bail | In the case of bailable offences, the bail can be granted by either the police officer or the court. | In the case of non bailable offences, mostly the accused get bail through the court. But, there is a provision under section 437 (4) of CrPC that empowers the police officer to grant bail while recording reasons in writing. But, in reality, the police officers do not grant bail. |
| Offence | Refusal of bail granted in the bailable offence shall amount to wrongful confinement under section 342 of IPC. | There is no offence committed if the officer or the court does not grant bail to the accused. |
| Arrest | In bailable offences, the police officer can not arrest without a warrant for bailable offences. | In non bailable offences, the police officer can arrest without a warrant for non bailable offences. |
| Cases | Rasiklal vs Kishore, 2009 | Mansab Ali vs Irsan |
| Examples | Sections 363, 354D, 404, 417, 407, 160 of IPC. | Sections 406, 379, 379A, 376, 302, 304, 304B, 326 of IPC. |
Frequently Asked Questions
Which are bailable Offences?
Bailable Offences: Bailable offences are relatively less serious offences and are punishable with imprisonment for a term of less than three years or with a fine only. Some examples of bailable offences are theft, causing hurt, mischief, defamation, and simple assault.
What are the non-bailable Offences?
These serious offences are punishable by imprisonment of more than three years. Examples of non-bailable offences include rape, murder, human trafficking, kidnapping, counterfeiting, and terrorism.
What is bail in CrPC?
Bail means the short-term release of an accused person awaiting trial. Bail is the judicial release of an accused charged with a certain offence by imposing some restrictions on him and compelling him to remain within the jurisdiction of the court.
What is the difference between bailable and non bailable offences?
The main difference between bailable and non bailable offences is that bailable offences are less serious offences and non bailable offences are more serious offences as compared to bailable offences.
Conclusion
Bailable and non bailable offences have been defined under section 2 (a) of the CrPC as “the available offences are those offences which are shown as bailable in the Schedule – I of the Code of Criminal Procedure Code, 1973.” And, the non bailable offence has been defined as “the non bailable offences are offences other than bailable offences.”
