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Difference Between Bailable & Non- Bailable Offence (Sub heading- Code of Criminal Procedure, 1973 or Cr PC, 1973) , heading- Law Notes
Law Of Crimes (FL14)
Mahatma Gandhi University
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Difference between Bailable and Non- Bailable Offence
The term “bail” has not been defined in the code. The word bail is derived from old French
verb “baillier” which mean “to give” or “to deliver”. As a verb it means to deliver an arrested
person to his sureties. Thus, in general sense it is a process to set a person free by asking that
person to furnishsecurity who is under detention or arrest by competent authority for his
appearance in the court on the date fixed. The code only defines the bail as for bailable and
non- bailable offences u/s 2(a), its further provisions are given u/s 436-450.
i AIR 2009 SC 1341 ii AIR 2003 SC 707
Basis of
Difference
Bailable Offence Non – Bailable Offence
Provision under CrPC
It is defined u/s 2(a) of CrPC, as an offence which is shown as bailable in the 1st schedule, or which is made bailable by any other law for the time being in force.
It is also defined u/s 2(a) pf CrPC, as an any other offence other than bailable.
Intensity of Crime
Bailable offences are considered less serious in nature.
Whereas, Non- Bailable offences are considered more serious / heinous in nature
Quantum of Punishment
As a general rule bailable offences are those in which punishment is for or less than 3 years. But there are some exceptions to this rule.
The quantum of punishment is high in Non- Bailable offences which may extend to Life Imprisonment.
Power to Grand Bail
In Bailable Offences, bail can be claimed as of right and is granted as a matter of course by the police officer or by court. Its provision can be traced u/s 436 of CrPC
Whereas, bail cannot be claimed as right and court or the police officer has discretion to grand bail after considering facts and circumstances pf each case. Provision for Non- Bailable offence is given u/s 437 of CrPC. Examples Cheating (Sec. 407 IPC), Affray (Sec,IPC), Bribery for elections (Sec 171E IPC)
Dowry Death (Sec. 304B, IPC), Murder (Sec. 302, IPC), Rape (Sec, IPC), Voluntarily causing Grieve Hurt (Sec. 326, IPC)
Cases In Rasiklal v. Kishore Khanchand Wadhwanii , It was held by the apex court that the right to claim bail granted by sec. 436 in a bailable offence is an absolute & indefeasible right
In Mansab Ali v. Irsanii , It was held by the apex court that since the jurisdiction is discretionary, it is required to be exercised with great care and caution by balancing valuable right of liberty of an individual and the interest of society at large.
Difference Between Bailable & Non- Bailable Offence (Sub heading- Code of Criminal Procedure, 1973 or Cr PC, 1973) , heading- Law Notes
Course: Law Of Crimes (FL14)
University: Mahatma Gandhi University
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