Non-bailable Offence

In India, the legal system divides crimes into two categories: 

• Bailable, and
• Non-bailable offences

A bailable offence is one in which the accused is entitled to be released on bail, whereas in a non-bailable offence, bail may not be granted as a matter of right and the accused may have to approach a higher court for bail.

Bailable offences are relatively minor in nature and may include offences such as traffic violations, disorderly conduct, or petty theft. In such cases, the accused can be released on bail by paying a bail bond or providing a personal bond. The amount of bail is determined by the court and may be influenced by the severity of the offence, the accused’s criminal history, and the likelihood of the accused fleeing the jurisdiction.

On the other hand, non-bailable offences are serious crimes that are considered a threat to society and may include offences such as murder, treason, or kidnapping. In these cases, the accused may not be granted bail as a matter of right and must approach a higher court for bail. The higher court will consider the nature and severity of the offence, the evidence against the accused, and the likelihood of the accused committing further crimes if released on bail.

In India, the distinction between bailable and non-bailable offences is important because it determines the rights of the accused and the consequences of being charged with a particular crime. For example, in a bailable offence, the accused may be released relatively quickly, whereas, in a non-bailable offence, the accused may have to spend a significant amount of time in custody before being granted bail.

In conclusion, bailable and non-bailable offences play a significant role in the Indian legal system and determine the rights and responsibilities of the accused. Individuals need to understand the difference between these two types of offences and the consequences of being charged with either. Understanding the difference can help individuals make informed decisions and navigate the criminal justice system more effectively.

In India, the classification of offences into bailable and non-bailable is determined by the Code of Criminal Procedure (CrPC), which lays down the procedure for the investigation and trial of criminal cases. According to the CrPC, a bailable offence is one in which the accused has the right to secure bail as a matter of right, whereas a non-bailable offence is one in which the accused does not have a right to secure bail as a matter of right and must approach a court for the same.

Sections of CrPC that defined some bailable and non-bailable offences

Here are some of the sections of the CrPC related to bailable and non-bailable offences:

• Section 436 of the CrPC provides that if a person is arrested on a bailable offence, he shall be released on bail.
• Section 437 of the CrPC provides that if a person is arrested on a non-bailable offence, he may be released on bail if the court is satisfied that there are reasonable grounds for granting bail.
• Section 2(a) of the CrPC defines a bailable offence as an offence in which the accused may be released on bail as a matter of right, whereas a non-bailable offence is defined as an offence in which the charged may not be released on bail as a matter of right.
• Section 438 of the CrPC provides for anticipatory bail, a form of bail granted in anticipation of arrest on a non-bailable offence.

In conclusion, the classification of offences into bailable and non-bailable is a critical aspect of criminal law in India, as it determines the rights of the accused and the procedure for securing bail in different types of offences.