Bailable and Non-Bailable Offence

The Indian Penal Code, 1860 (or simply IPC), provides the offenses and punishments, and the Code of Criminal Procedure, 1973 (simply CrPC), provides the procedure for the trial and prosecution. Under the CrPC, the offenses are primarily divided into two categories: those that are subject to bail and those that are not.

What is offence?

Any action that violates a legal provision of the land is unlawful and known as ‘offence.’ Any action that violates another person's rights, causes injury to another person, or is so dangerous that it has an impact on society as a whole is considered to be unlawful. A violation is defined as a "Offence" under Section 2(n) of the Criminal Procedure Code.

Types of Offence

Prima facie, an offence can be categorized as:

• Bailable Offence &

• Non-bailable Offence

Let’s disscuss each one of them separately:

What is Bailable Offence?

Bailable offenses are those that have been designated as so in the First Schedule or that are made so by any other currently in effect statute, according to Section 2(a) of the Criminal Procedure Code. The first schedule of the CrPC is broken up into two sections, the first of which deals with crimes listed under the IPC and the second of which deals with crimes listed under other laws.

• According to the First Schedule's final item, a crime must only be penalized by a fine or a sentence of less than three years in jail in order to qualify for bail.

Examples

• Simple harmed (Section 337; IPC),

• Bribery (Section 171E; IPC), and

• Public nuisance are a few of the prevalent crimes that are subject to bail (Section 290; IPC),

• Death by Rash or Negligent Act (Section 304A; IPC).

In Rasik Lal v. Kishore (2009), 4 SCC 446, the Supreme Court ruled that everyone who is arrested for a crime for which bail is allowed has a complete and irrevocable right to ask for bail. If the accused person is ready, the court or police, as the case may be, are required to release him on bail. Procedure in the event of a bailable offense, the person must fill out Form No. 45, which is provided in the first schedule, in order to petition for bail. The court must then grant bail.

List for Bailable Offence

Following is the list of bailable offenses under IPC-

Sr.no.	Sections of IPC	States that
1.	Sec 140	Wearing soldier’s garb, sailor, airman .
2.	Sec 144	Punishment for unlawful assembly.
3.	Sec 154	Owner or occupier of land on which unlawful assembly is held.
4.	Sec 158	Owner or occupier land on which unlawful assembly is held.
5.	Sec 166	Public Servant disobeying direction under law.
6.	Sec 167	Public servant framing an incorrect document.
7.	Sec 177	Furnishing false information.

What is Non-Bailable Offence?

Let's start with some examples, such as murder, rape, culpable homicide, aiding in suicide, etc., for a better understanding. A man frequently feels anxiety and seriousness in his thoughts and body after reading about these misdeeds. The smooth functioning of the lives of the general public is obstructed by these offenses. not to mention the impact such offenses have on society's ability to live in peace and harmony.

Likewise, non-bailable offenses are those that are not listed as bailable offenses in the First Schedule, according to Section 2(a) of the CrPC.

• Further, the First Schedule's Second Section at the conclusion defines a non-bailable offense as one that carries a death penalty, a life sentence, or a sentence of more than seven years in prison.

Examples

The Indian Penal Code lists the following offenses as non-bailable offenses.

• Killing (S. 302) IPC

• IPC Dowry Death (S.304-B)

• Murder attempt (S. 307) IPC

• Intentionally inflicting severe harm. (S.326) IPC

• Child Abduction (S. 363) IPC

• Assault (S. 376), etc.

List of Non-Bailable Offence

Following is the list of non-bailable offenses under IPC-

Sr.no.	Sections of IPC	States that
1.	Sec 121	Waging or attempting to wage war, or a betting the waging of war, against the Government of India.
2.	Sec 121A	Sedition.
3.	Sec 131	Abetting mutiny or attempting to seduce a soldier, sailor, or airman.
4.	Sec 172	Absconding to avoid service of summons.
5.	Sec 232	Counterfeiting Indian coin.
6.	Sec 238	Import or export of counterfeiting Indian coin.
7.	Sec 255	Fraudulently diminishing weight of the coin.

Differences Between Bailable and Non-bailable Offences

So, in case of non-bailable offence, in normal circumstances, bail is not granted; however, in some rare case, bail is granted by the court of law. Likewise, the major difference between bailable offence and non-bailable offence is – in case of bailable offence, bail is the matter of right that an accused can demand with rights. On the contrary, in case of non-bailable offence, accused has no right of bail, but still he or she can plead for bail. Now, it is court’s discretionary power to grant or not grant the bail (as per the situation).

Application for Bail

An application stating the justifications for the grant of bail must be made for a crime that is not subject to bail. After hearing the arguments, the court may issue the order if it is convinced that bail should be granted. At that point, one must complete the bail bond, have it properly signed by the surety, and send it through his attorney. If the accused appears in front of the court, he is released right there, and if he is being held in jail, orders granting bail are transmitted to the relevant jail.

Conclusion

In India, the idea of bail has undergone numerous iterations of dynamic change. The law of bail has evolved over time, and the Supreme Court of India has been integral to this process. The purpose of bail is not to free an accused person; rather, it is to release him from detention, either on his own personal bond or after receiving the sureties' assurance that the accused would not elude justice and that they would be required to appear on his behalf before the court. Crimes are categorized, or, more accurately, split into bailable and non-bailable offenses, based on the severity of the crime. Bail is available for less serious offenses but not for significant offenses.

FAQs

Q1. Is 420 bailable or non bailable?

Ans. The intent of this provision is to establish punishment for the crime of cheating. According to this clause, violators are criminally responsible for fines and a period of up to 7 years in jail. Both a cognizable and a non-bailable offense have been committed when section 420 was violated.

Q2. Are criminal trials generally bailable?

Ans. Criminal cases can be classified as either bailable or non-bailable. Bail is automatically given in circumstances where it is appropriate, while it is at the discretion of the court in cases where it is not.