Fundamental tenet in Criminal jurisprudence
Understanding Bailable and Non-Bailable Offences in Indian Law. Delve into the distinctions between bailable and non-bailable offences, from the nature of the offence to the bail process. Learn about the importance of bail conditions and the role of the court in granting bail. Gain insight into the discretion of police in non-bailable cases and the necessity of seeking bail through the legal system.
3/14/20251 min read
Bailable Offences and Non-Bailable Offences
Let’s understand the difference between Bailable and Non-Bailable offences;
Bailable offence :-
• Offences are less serious nature
• Bail is a matter of right
• Bail can be granted either by a police officer or by the court
• Accused can be released on bail subject to execution of “Bail Bond”
• Bail Bond may contain certain terms and condition
• Bail maybe refused in some cases eg. when dealing with repeated offender or when the accused fails to comply with the conditions of the Bail Bond
•Few example of bailable offences : - mischief, defamation, simple assault etc.
Non Bailable offence :-
• Offences are of more serious nature
• Bail is not a matter of right but discretion of the court
• Bail can only be granted by a competent court
• Bail Bond may contain stringent conditions
• Bail maybe refused if the Bail Bond is not dully executed or the offence committed is of heinous nature (punishable with death or life imprisonment)
•Bail maybe revoked if the accused failed to comply with the conditions laid down in the Bail Bond.
• The magistrate has the power to remand the accused to prison until fresh Bail Bond is executed.
•Few example of non-bailable offences : - Rape, murder, dacoity, robbery etc.
It is very important to remember that just because it is a non-bailable offence does not mean that the police have to place the accused person under arrest.
It is the discretion of the police whether to arrest a person or not in a non-bailable offence.
However, once they do arrest the person, they do not have any power to grant bail to such person.
The accused person will then have no other option but to file for bail before the concerned Court.