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Bailable and Non Bailable Offences

The document discusses the differences between bailable and non-bailable offenses in India. A bailable offense is less severe and the accused has the right to be released on bail. A non-bailable offense is more serious and the accused cannot demand bail as a right. The law lists specific offenses as bailable or non-bailable, with bailable offenses including minor crimes and non-bailable offenses including crimes like murder. Punishment is also typically more severe for non-bailable offenses, which are tried in higher courts that have more discretion around granting bail.

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Rana Gurtej
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474 views

Bailable and Non Bailable Offences

The document discusses the differences between bailable and non-bailable offenses in India. A bailable offense is less severe and the accused has the right to be released on bail. A non-bailable offense is more serious and the accused cannot demand bail as a right. The law lists specific offenses as bailable or non-bailable, with bailable offenses including minor crimes and non-bailable offenses including crimes like murder. Punishment is also typically more severe for non-bailable offenses, which are tried in higher courts that have more discretion around granting bail.

Uploaded by

Rana Gurtej
Copyright
© Attribution Non-Commercial (BY-NC)
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOC, PDF, TXT or read online on Scribd
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BAILABLE AND NON BAILABLE OFFENCES An offence can be classified as a Bailable or a Non-Bailable offence.

In general, a bailable offence is an offence of relatively less severity and for which the accused has a right to be released on bail. While a non-bailable offence is a serious offence and for it, the accused cannot demand to be released on bail as a right. More specifically, ection !"a# defines Bailable $ffence as well as Non-Bailable $ffence as follows % Section 2 (a) - Bailable offence& means an offence which is shown as bailable in the 'irst chedule, or which is made bailable by any other law for the time being in force( and &nonbailable offence& means any other offence. Interesting thing is that the definition itself does not refer to seriousness of the offence. It simply ma)es those offences as bailable which are listed as so in the 'irst chedule of *r + *. ,hese offences include offences such as obstructing a public servant from discharging his duties, bribing an election official, and providing false evidence. Non-bailable offences include offences such as murder, threatening a person to give false evidence, and failure by a person released on bail or bond to appeal before court. -owever, a .uic) loo) at the list of bailable and non-bailable offences shows that bailable offences are of relatively less severity.

Punishment: +unishment for bailable offence is smaller than the punishment for non-bailable offence. /enerally imprisonment less than 0 years or fine or both. +unishment for non-bailable offences is severe than the punishment for bailable offences. /enerally imprisonment more than three years and fine, even death or life imprisonment. Granting the ai!" Bailable :Anticipatory bail is not necessary and applicable. In bailable

offence, bail is claimed as a right, and the *ourts also will give the bail liberally. /enerally the 1udicial 'irst *lass Magistrate is empowered to try the cases of bailable and non-bailable offences. Non Bailable : Anticipatory bail can be granted in the non- bailable offences only by the *ourt of ession or by the -igh *ourt. In non-bailable offences, the *ourts use their discretionary power, and depending upon the circumstances of the case they use to grant the bail. /enerally, the Additional essions 1udge or essions 1udge is empowered to try the cases.

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