Legal Legal Law
Shubhangi Jain
28 Aug, 2023
The classification of offences into bailable and non-bailable offences is an essential aspect of the Criminal Procedure Code (CrPC) in India. Here the offences are classified into two categories: bailable and non-bailable offences.
The classification is based on the entitlement of bail to the accused as a matter of right or discretion of the court.Section 2(a) of the CrPCdefines bailable offences as those offences where bail can be granted as a matter of right and non-bailable offences as those offences where bail is not a matter of right but is subject to the discretion of the court.
The present article shall discuss bailable and non-bailable offences in detail, along with landmark cases related to these offences.
Table of Contents
Meaning of Bail
The meaning of Bail is not explicitly defined in CrPc; however, the meaning of bail has been provided by the Supreme Court (Apex Court)/ SC in the casetitled Vaman Narain Ghiya vs the State of Rajasthan (2009), which is as follows.
“Bail may be considered as a mechanism whereby the State devolutes upon the community the function of securing the presence of the prisoners and at the same time involves the participation of the community in the administration of justice.
Meaning Bailable Offences
Bailable offences are those offences wherein bail is a matter of right. However, the person may still be required for furnishing bail bonds to ensure his presence at the trial.
However, in certain cases, there can be a denial of bail by the court despite the offence being bailable in nature. For instance, if the accused has a prior history of committing similar offences, the court may deny bail due to the tendency of the offender of committing the crime again.
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 causing hurt, theft, mischief, defamation, and simple assault.Section 436 of the CrPCdeals with the provisions for bail in bailable offences, stating that an accused person arrested or detained for a bailable offence shall be released upon furnishing a bail bond with or without sureties.
Meaning of Non-Bailable Offences
Non-Bailable Offences:Non-bailable offences, as the name suggests, are those offences wherein bail isn’t a matter of right. In such cases, the accused is required to approach the court for bail and is required to furnish reasons and provide sureties before the court considers the bail application.
Non-bailable offences are more serious in nature and are punishable with imprisonment for three years or more. Some examples of non-bailable offences are murder, rape, dacoity, and kidnapping.Section 437 of the CrPCprescribes the provisions for bail in non-bailable offences, which states that an accused person arrested or detained for a non-bailable offence shall not be released on bail unless the court is satisfied regarding the presence of reasonable grounds for granting bail.
However, the court may deny bail even if the offence is bailable, if the accused has a history of committing similar offences, or if there is a chance that the accused may tamper with the evidence, intimidate witnesses, or flee from the jurisdiction of the court.
The decision of the court with regard to the grant or refusal of the bail is at the discretion of the judge. In recent years, there have been concerns about the misuse of non-bailable offences for harassing and intimidating individuals, particularly in cases of sedition and hate speech. The Supreme Court has taken note of these concerns and has emphasised the need to balance the right to free speech with the need to maintain social harmony and prevent hate speech.
Difference between Bailable and Non-bailable Offences
The differences between bailable and non-bailable offences are illustrated below in a tabular form to facilitate a better understanding.
Basis | Bailable Offences | Non Bailable Offences |
Nature | Bail is a matter of Right | Bail is dependent upon the court’s discretion |
Section | Provisions of bail, in this case, are provided u/s 436 of CrPc | Provisions of bail, in this case, are provided u/s 437 of CrPc |
Seriousness | Less Serious | More Serious |
Punishment | Imprisonment of fewer than 3 yrs and fine | Imprisonment of 3 or more yrs |
Landmark cases on Bailable and Non-bailable offences
Arnesh Kumar v. State of Bihar:
In this case, the Apex court held that police officers couldn’t automatically arrest a person accused of a non-bailable offence without first conducting a preliminary investigation and forming an opinion about the arrest being necessary. The court also held that a person accused of a non-bailable offence has an entitlement to bail as a matter of right, and the police officers shouldn’t automatically oppose bail in such cases.
State of Rajasthan v. Balchand:
In this case, the Supreme Court held that the right to bail is a fundamental right guaranteed as per Article 21 of the Indian Constitution1, and it cannot be denied except in the interest of justice or to prevent the person from fleeing the jurisdiction of the court.
Zahira Habibullah Sheikh v. State of Gujarat:
In this case, the Supreme Court held that in cases where there is a threat to the life or safety of the witness, the court can refuse bail to the accused.
Gurbaksh Singh Sibbia v. State of Punjab:
The Supreme Court held in this case that the right to bail isn’t absolute and must be balanced against the interests of society and the victim. The court also held that the accused is required to provide cogent reasons to be released on bail and must show that he isn’t likely to abscond or tamper with the evidence.
Sanjay Chandra v. CBI:
It was held by the Apex Court that economic offences are serious offences that have a wide-ranging impact on society and the economy. The court also held that the power to grant bail in such cases must be exercised with caution and that the accused must show that he isn’t likely to tamper with the evidence or influence the witnesses.
List of bailable and Non-Bailable Offences as per the Code of Criminal Procedure ( CrPC)
It is a known fact that the Indian Penal Code 1860 (IPC) is a substantive law, and CrPc is a procedural law which prescribes the procedure for proceeding in case of the commission of an offence under the IPC.
The First Schedule of CrPc provides a list of offences under IPC and their classification in terms of bailable and non Bailable which is provided below –
Section | Offence | Bailable / Non-Bailable |
---|---|---|
109- 114 (excluding 112) | Abetment | According to the offence, abetted is bailable or nonbailable. |
115 | Abetment of an offence, punishable with imprisonment for life, death or if the offence is not committed in consequence of the abetment. | Non-Bailable |
116-117 | Related to Abetment | According to the offence, abetted is bailable or nonbailable. |
118 | Concealing a design for committing an offence punishable with imprisonment for life or death if the offence is committed. | Non Bailable |
119 | Bailable | |
120B | Criminal conspiracy to commit offences punishable with a fatality | Based on offence. E.g. for Punishment for murder, Non-bailable |
121-128 | Offences against the State | Non-Bailable |
129 | Public servant negligently suffering prisoner of State of war in his custody to escape. | Bailable |
130 | Rescuing, Aiding escape of, or harbouring such prisoner, or offering any resistance to the recapture of such prisoner. | Non Bailable |
131 – 134 | Offences with regard to The Army, Navy And Air Force | Non-bailable |
135 -140 | Offences with Regard to The Army, Navy And Air Force | Bailable |
143-148( excluding 146) | Offences Against The Public Tranquility | Bailable |
149 | Commission of offence by any member of an unlawful assembly, every other member of such assembly would be guilty of the offence. | According to the offence, is bailable or non-bailable |
150 | engaging, Hiring,or employing persons to take part in an unlawful assembly. | According to the offence, is bailable or non-bailable |
151-153 | Offences Against The Public Tranquility | Bailable |
153A- 153B | Offences Against The Public Tranquility | Non Bailable |
154- 160 | Offences Against The Public Tranquility | Bailable |
161-165A | Offences By Or Relating To Public Servants | Non Bailable |
166-169 | Offences By Or Relating To Public Servants | Bailable |
170 | Personating a public servant. | Non-Bailable |
171 | Wearing garb or carrying tokens used by public servants with fraudulent intent. | Bailable |
171E-174 | Contempts Of The Lawful Authority Of Public Servants | Bailable |
174A | Failure to appear at a specified time and specified place as needed by a proclamation published under Section 82(1) of this Code | Non-Bailable |
175 -195A | Contempts Of The Lawful Authority Of Public Servants & False Evidence And Offences Against Public Justice | Bailable |
196 | Usage of judicial proceeding evidence known to be false or fabricated | According to the offence of giving such evidence is bailable or nonbailable |
197-221 | False Evidence And Offences Against Public Justice | Bailable |
222 | Intentional omission for apprehending on the part of a public servant bound by law to apprehend a person under the sentence of a Court of Justice if under the sentence of death. | Non Bailable |
223-225B | False Evidence And Offences Against Public Justice | Bailable |
227 | Violation of condition of remission of punishment. | Non Bailable |
228-229- | False Evidence And Offences Against Public Justice | Bailable |
229A | Failure by a person released on bail or bond to appear in Court | Non Bailable |
231-258 | Offences Relating To Coin And Government Stamps | Non-Bailable |
259-266 | Offences Relating To Coin And Government Stamps & Offences Relating To Weights And Measures | Bailable |
267 | Selling or making false weights or measures for fraudulent use. | Non Bailable |
269-273 | Offences Affecting The Public Health, Convenience, Safety, Decency And Morals | Bailable |
274 | Adulterating any medical preparation or drug intended for selling so as to lessen its efficacy, change its operation, or make it noxious. | Non Bailable |
275-294A | Offences Affecting The Public Health, Convenience, Safety, Decency And Morals | Bailable |
295 | Damaging, Destroying, or defiling a place of worship or sacred object with the intent to insult the religion of any class of persons | Non Bailable |
295A | Maliciously insulting the religion or the religious beliefs of any class. | Non Bailable |
296-298 | Offences Relating To Religion | Bailable |
302- 304 | Offences Affecting The Human Body | Non Bailable |
304A | Causing death by rash or negligent act | Bailable |
304B -308 | Offences Affecting The Human Body | Non Bailable |
309 | Attempt to suicide | Bailable |
311 | Being a Thug | Non-bailable |
312 | Causing miscarriage. | Bailable |
313-116 | Offences Affecting The Human Body | Non Bailable |
317-325 | Offences Affecting The Human Body | Bailable |
326-329 | Offences Affecting The Human Body | Non Bailable |
330 | Voluntarily causing hurt for extorting confession or information, or to compel restoration of property, etc. | Bailable |
331-333 | Offences Affecting The Human Body | Non Bailable |
334-352 | Offences Affecting The Human Body | Bailable |
253 | Assault or use of criminal force to deter a public | Non Bailable |
254 | Assault or use of criminal force on a woman with the intent to outrage her modesty. | Non Bailable |
354A | Sexual harassment of the nature of unwelcome physical contact and advances or a demand or request for sexual favours, showing p*rnography. Sexual harassment of the nature of making a sexually coloured remark | Bailable |
354B | Assault or use of criminal force to a woman with intent to disrobe. | Non-bailable |
354C – 354D | Voyeurism, Stalking | Bailable or Non-Bailable depending upon the term of imprisonment |
355-373 | Offences Affecting The Human Body | Non-bailable |
374 | Unlawful compulsory labour. | Bailable |
376 -384 | Rape – Unnatural Offences /Only 376B bailable/ Offences against Property | Non Bailable |
385 and 388 | Offences against Property | Bailable |
386 and 387 | Offences against Property | Non Bailable |
288-389 | Offences against Property | Bailable |
292 | Robbery | Bailable or Non-Bailable depending upon the term of imprisonment |
293-402 | Offences against Property | Non-bailable |
403-404 | Offences against Property | Bailable |
406-414 | Offences against Property | Non Bailable |
417-419 | Offences against Property | Bailable |
420 | Cheating and thereby dishonestly inducing delivery of property or the alteration, making, or destruction of valuable security. | Non Bailable |
421-435 | Offences against Property | Bailable |
436-462 | Offences against Property | All Non-Bailable except 440,447,448and 462 |
465 | Forgery | Bailable |
466-468 | Offences Relating To Documents And To Property Marks | Non Bailable |
469-475 | Offences Relating To Documents And To Property Marks | Bailable |
476-477 | Offences Relating To Documents And To Property Marks | Non Bailable |
477A-489 | Offences Relating To Documents And To Property Marks | Bailable |
489- 491 | Non-Bailable except 489C&E and 491 | |
493-498A | Offences Relating To Marriage/ Of Cruelty By Husband Or Relatives Of Husband and | All Bailable except 493and 498A |
500-502(B) | Defamation | Bailable |
504-510 | Criminal Intimidations, Insults And Annoyance | All Bailable except 505 |
511 | Attempting to commit offences punishable with imprisonment for life or imprisonment, and in such attempt doing any act towards the commission of the offence. | According to whether the offence attempted by the offender is bailable or not. |
Conclusion
The classification of offences into bailable and non-bailable offences is an essential aspect of the criminal justice system in India. While a person accused of a bailable offence is entitled to bail as a matter of right, the accused in a non-bailable offence has to approach the court for bail. However, the right to bail isn’t absolute, and the courts must balance the interests of society and the victim against the right of the accused to be released on bail. The landmark cases discussed above have played a vital role in shaping the jurisprudence of bail in India.
Frequently Asked Questions
Is bail defined under CrPc?
No, bail is not explicitly defined under CrPc however, its meaning was provided in the case titled Vaman Narain Ghiya vs the State of Rajasthan (2009).
What is a bailable offence?
Bailable offences are relatively less serious offences and are punishable with imprisonment for a term of less than 3 years or with a fine only. Some examples of bailable offences are causing hurt, theft,mischief, defamation, and simple assault. Section 436 of the CrPC deals with the provisions for bail in bailable offences, stating that an accused person arrested or detained for a bailable offence shall be released upon furnishing a bail bond with or without sureties.
What is a non Bailable offence?
Non-bailable offences, as the name suggests, are those offences wherein bail isn’t a matter of right. In such cases, the accused is required to approach the court for bail and is required to furnish reasons and provide sureties before the court considers the bail application.
What is the difference between a bailable and a non-bailable offence?
The differences can be best understood on the following basis – Nature, Section, Seriousness and Punishment.
Can bail be denied even in case of a bailable offence?
Yes, in certain cases, there can be a denial of bail by the court despite the offence being bailable in nature. For instance, if the accused has a prior history of committing similar offences, the court may deny bail due to the tendency of the offender to commit the crime again.
Read our article:When can a criminal case be filed?
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