Law and You >Procedural Laws > CrPC > Bailable and Non Bailable Offences
The Criminal Procedure Code, 1973, does not define bail, although the terms bailable offence and non-bailable offence have been defined. The meaning of โbailโ is to set an accused person free after depositing some money with the court before he is tried, often on condition that a sum of money would be forfeited if he does not attend the trial. a warrant for the defendantโs arrest is issued. The judge sets the amount, and the money is deposited with the clerk of the court. It is returned after the case is finished. Thus, bail is the security given to the court to assure it that the accused person will return to the court on the day of trial. Bail may be posted as “cash,” or through a bond. In this article, we shall study types of offences based on whether bail can be granted or not. The two kinds are a) Bailable offence and b) Non-bailable offence.
The Code of Criminal Procedure, 1973 classifies offences into two categories – bailable and non-bailable. The classification is done mainly based on the gravity of the offence and the punishment provided for such offence. A bailable offence is considered to be less grave and serious than a non-bailable offence.
Section 2(n) of the CrPC defines the word โoffenceโ.
Section 2(n) The Code of Criminal Procedure, 1973:
” offence” means any act or omission made punishable by any law for the time being in force and includes any act in respect of which a complaint may be made under section 20 of the Cattle- Trespass Act, 1871 (1 of 1871 )
However, the term is more elaborately defined under Section 40 of the IPC which states that
Section 40 The Indian Penal Code, 1860:
โoffenceโ denotes a thing made punishable by the Code. Section 40 of the Indian Penal Code defines the term offence as follows: โExcept in the Chapters and sections mentioned in clauses 2 and 3 of this section, the word โoffenceโ denotes a thing made punishable by this Code. In Chapter IV, Chapter VA and in the following sections, namely, sections 64, 65, 66, 67, 71], 109, 110, 112, 114, 115, 116, 117, 118, 119, 120, 187, 194, 195, 203, 211, 213, 214, 221, 222, 223, 224, 225, 327, 328, 329, 330, 331, 347, 348, 388, 389 and 445, the word โoffenceโ denotes a thing punishable under this Code, or under any special or local law as hereinafter defined. And in sections 141, 176, 177, 201, 202, 212, 216 and 441, the word โoffenceโ has the same meaning when the thing punishable under the special or local law is punishable under such law with imprisonment for a term of six months or upwards, whether with or without fineโ.
Civil offences are against private persons (individuals) but criminal offences are against the State. The State, represented by the Prosecutor, will argue the case against the defendant. The prosecutor makes the case against the suspect, by submitting the issue sheet (pleadings) and the necessary evidence.
Types of Criminal Offences:
- Bailable offence and Non-bailable offences
- Cognizable and Non-Cognizable offences
- Compoundable and non-compoundable offence
Concept of Bail:
The ordinary dictionary meaning of the word “Bail” is “Security for prisoner’s appearance”. According to Wharton’s Law Lexicon, it means “to set at liberty a person arrested or imprisoned, on security being taken for his appearance on a day at a certain place, which security is called bail because the person arrested or imprisoned is delivered into the hands of those who bind themselves or become bail for his due appearance when required in order that he may be safely protected from prison, to which if they have, if they fear his escape etc; the legal power to deliver him.”
The object of “Bail” in civil cases is whether directly or indirectly to secure payment of a debt or performance of other civil duties, while in criminal cases object is to secure the appearance of the accused before the Court when his presence is needed. Bail may thus be regarded as a mechanism whereby the state devaluates upon the community the function of securing the presence of the prisoner, and at the same time involves the participation of the community in the administration of justice.
Bailable Offences:
The Cr. P.C. classifies offences into two categories – bailable and non-bailable. The classification is done mainly on the basis of the gravity of the offence and the punishment provided for such offence. Generally speaking, a bailable offence is considered to be less grave and serious than a non-bailable offence. Bailable and non-bailable offences are defined in clause (a) of S. 2 of the Cr. P.C., as under:
Section 2(a) The Code of Criminal Procedure. 1973:
“bailable offence” means an offence which is shown as bailable in the First Schedule, or which is made bailable by any other law for the time being in force; and “non-bailable offence” means any other offence.
Bailable offences are specified in the first schedule of the Act. In such offences, the suspect (accused) may pledge some property with the Court and be released from jail on the condition that he will appear for the trial. Any offence that has not been classified as bailable is a non-bailable offence.
The first schedule of the CrPC is divided into two parts. It is pertinent to point out that individual offences under IPC have been specifically declared as bailable or non-bailable in the first part of the First Schedule to CrPC to find out whether that offence is bailable or non-bailable; however, in the absence of any such declaration under such parent Act, the general rules mentioned in the second part of the First Schedule to CrPC have to be referred to, for deciding whether that offence is bailable or non-bailable. As per the last item of the First Schedule, an offence in order to be bailable would have to be an offence that is punishable with imprisonment for less than three years or with a fine only.
Characteristics of Bailable Offences:
- Bailable offences are considered less serious in nature.
- As a general rule bailable offence are those in which punishment is less than 3 years or fine or both. But there are some exceptions to this rule.
- In a bailable offence, bail can be claimed as a right.
- The right of bail is under Section 436 of CrPC
- Any Magistrate is empowered to try the cases of bailable offences.
Examples of Bailable Offences:
Being a member of an unlawful assembly, rioting, bribery, simple hurt are examples of bailable offences under IPC
In order to apply for bail in the case of a bailable offence, the person needs to fill a form of bail i.e. Form No. 45 which is given in the first schedule and apply for bail and the Court will have to grant bail.
Case Laws:
In Abdul Aziz v. State of U.P.ยธ2002 Cri LJ 2913 case, the Court observed that the first Schedule of CrPC consists of two parts, the first part is regarding the offences under the I.P.C. and the second part is regarding offences against other law. The second part provides that if the offence is punishable with imprisonment for less than three years of fine only it shall be bailable and can be tried by any Magistrate.
In the case of a bailable offence, the grant of bail is a matter of right of the Accused. It may be either given by a police officer who is having the custody of Accused or by the court.
In Talab Haji Hussain v. Madhukar Pushottam Mondkar, AIR 1958 SC 376 case, the Court observed that it cannot be disputed that S. 436 of CrPC (of 1898) recognizes that a person accused of a bailable offence has a right to be enlarged on bail.
The accused may be released on bail, on executing a bond, know as “bail bond”, with or without furnishing sureties.
The “bail Bond” may contain certain terms and conditions, such as:
- The accused will not leave the territorial jurisdiction of the state without permission of the court or police officer;
- The Accused shall give his presence before police officer every time, he is required to do so;
- The Accused will not tamper with any evidence whatsoever, considered by police in the investigation.
The court is empowered to refuse bail to an accused person even if the offence is bailable, where the person granted bail fails to comply with the conditions of the bail bond.
Right to be Released on Bail:
Section 50 the Code of Criminal Procedure, 1973:
Person arrested to be informed of grounds of arrest and of right to bail.
1) Every police officer or other person arresting any person without warrant shall forthwith communicate to him full particulars of the offence for which he is arrested or other grounds for such arrest.
2) Where a police officer arrests without warrant any person other than a person accused of a non- bailable offence, he shall inform the person arrested that he is entitled to be released on bail and that he may arrange for sureties on his behalf.
As per Section 50 of CrPC Whenever a person is arrested without a warrant, it is the duty of the police officer to communicate the full detail of the offence for which the person is arrested. Also, if the offence for which the person is arrested is a bailable one, it is the duty of the police to inform that he is entitled to be released on bail after giving surety.
As per Section 436 of CrPC, whenever a person accused of a bailable offence is arrested without a warrant and is prepared to give bail, such person shall be released on bail. The discretion to decide the bail amount is with the Court or with the officer, as the case may be. Section 436 of the Criminal Procedure Code is meant for any person who is arrested or brought before the court except a person accused of a non-bailable offence.
Application for Bail:
The application for bail shall be filed before the Judge/Magistrate, who is conducting the trial. The application for Bail shall be made in the form, prescribed and the designation of judge / Magistrate, should be clearly mentioned. The application shall also contain an undertaking, that the accused, shall fulfil all the conditions as contained in the Bail- Bond.
The application after being filed is usually listed the next day. On such day, the application will be heard, and the police shall also present the accused in court. The magistrate may pass such orders, as he thinks fit. If the bail is granted, the accused will have to execute a “Bail Bond”.
On execution of bail-bond, the accused is out of prison only on such terms and conditions, as contained in the “Bail-Bond”. The amount of every bond, i.e. the security shall be reasonable, and no excessive ( sec 440). If at any point in time, the terms and conditions of bail are not fulfilled, the “Bond” shall be forfeited.
Bail in Bailable Offences:
Bail Under Section 436:
Section 436 of Code of Criminal Procedure, 1973, lays down that a person accused of bailable offence under IPC can be granted bail. According to Section 436(1) of the Code, when any person other than a person accused of a non-bailable offence is arrested or detained without warrant by an officer in charge of a police station, or appears or is brought before a Court, and is prepared at any time while in the custody of such officer or at any stage of the proceeding before such Court to give bail, such person shall be released on bail.
According to Sectio9n 436(2) of the Code, (notwithstanding anything contained in sub-section (1), where a person has failed to comply with the conditions of the bail-bond as regards the time and place of attendance, the Court may refuse to release him on bail, when on a subsequent occasion in the same case he appears before the Court or is brought in custody and any such refusal shall be without prejudice to the powers of the Court to call upon any person bound by such bond to pay the penalty thereof under section 446.
Bail Under Section 436 A:
There had been instances where under trial prisoners were detained in jail for periods beyond the maximum period of imprisonment provided for the alleged offence. A new section 436A is inserted in the Code to provide that where an under-trial prisoner other than the offence for which death has been prescribed as one of the punishments, has been under detention for a period extending to one half of the maximum period of imprisonment provided for the alleged offence, he should be released on his personal bond, with or without sureties. It is also provided that in no case the under trial be detained beyond the maximum period of imprisonment for which he can be convicted for the alleged offence.
The accused may be released on bail, on executing a bond, know as “bail bond”, with or without furnishing sureties. The “bail Bond” may contain certain terms and conditions, such as:
- The accused will not leave the territorial jurisdiction of the state without permission of the court or police officer;
- The Accused shall give his presence before police officer every time, he is required to do so;
- The Accused will not tamper with any evidence whatsoever, considered by police in the investigation.
Refusing of Bail:
The court may generally refuse the Bail, if:
- “Bail Bond” has not been duly executed, or
- if the offence committed is one, which imposes a punishment of death or Life imprisonment, such as “Murder ” or “Rape” or
- The accused has attempted to abscond, and his credentials are doubtful.
Non-Bailable Offences:
A non-bailable offence is one in which the grant of Bail is not a matter of right. Here the Accused will have to apply to the court, and it will be the discretion of the court to grant bail or not. The court may require the accused to execute a “Bail-Bond with some stringent conditions. Section 437 of the Code of Criminal Procedure deals with the aspect ofNon-Bailable Offences.
It is important to mention here that discretion, when applied to a court of justice, means sound discretion guided by law. It must be governed by rule, not by humour; it must not be arbitrary, vague and fanciful. But legal and regular. The discretion to grant bail in cases of non-bailable offences has to be exercised according to certain rules and principles as laid down by the Code and Judicial decisions.
Characteristics of Non-Bailable Offences:
- Non-Bailable offences are considered more serious in nature.
- The quantum of punishment is high in non-bailable offences. It is imprisonment of more than three years and fine which may extend to life imprisonment and even death.
- In the case of a non-bailable offences, bail canโt be claimed as a right and the court or the police officer has the discretion to grant bail after considering facts and circumstances as per each case.
- Provision for Non-Bailable offences is given u/s 437 of CrPC.
- In case of non-bailable offences an anticipatory bail under CrPC can be granted by the Court of Session or by the High Court.
Examples of Non-Bailable Offences:
Murder, attempt to murder, dowry death, voluntary causing grievous hurt, kidnapping are examples of non-bailable offences under IPC.
Bail in Non-Bailable Offences:
Bail Under Section 437:
A non-bailable offence is one in which the grant of Bail is not a matter of right. Here the Accused will have to apply to the court, and it will be the discretion of the court to grant bail or not. The court may require the accused to execute a “Bail-Bond with some stringent conditions. Section 437 of the Code of Criminal Procedure deals with the aspect of Non-Bailable Offences. The provisions of section 437 empower two authorities to consider the question of bail, namely (1) a court and (2) an officer-in-charge of the police station who has arrested or detained without warrant a person accused or suspected of the commission of a non-bailable offence.
Section 437 of the Code deals with the powers of the trial court and of the Magistrate to whom the offender is produced by the police or the accused surrenders or appears, to grant or refuse bail to person accused of, or suspected of the commission of any non-bailable offence.
For the purpose of bail in non-bailable offence, the Legislature has classified them under two heads: (1) those which are punishable with death or imprisonment for life; (2) those which are not so punishable.
In case of an offence punishable with death or imprisonment for life a station officer cannot enlarge a person on bail, if there appear reasonable grounds for believing that he has been guilty of such offence. The age or sex or sickness or infirmity of the accused cannot be considered by a police officer for the purpose of granting bail. These matters may be taken in view by a court only. An officer- in-charge of the police station may grant bail only when there are no reasonable grounds for believing that the accused has committed a nonbailable offence or when the non-bailable offence complained of is not punishable with death or life imprisonment
Bail Under Section 437 A:
According to Section 437A of the Code, before conclusion of the trial and before disposal of the appeal, the Court trying the offence or the Appellate Court, as the case may be, shall require the accused to execute bail bonds with sureties, to appear before the higher Court as and when such Court issues notice in respect of any appeal or petition filed against the judgment of the respective Court and such bail bonds shall be in force for six months. (2) If such accused fails to appear, the bond stand forfeited and the procedure under section 446 shall apply.
Anticipatory Bail:
Where any person has a reason to believe that he may be arrested on accusation of having committed a non-bailable offence, he may apply to the High Court or the Court of Session for a direction under this section that in the event of such arrest he shall be released on bail. A non-bailable offence is an offence in which an accused cannot file an application for grant of bail. The court may grant bail to the accused on its own discretion. Anticipatory bail can be granted by a High Court or a Session Court under Section 438 of the Code. The court shall provide anticipatory bail after taking into consideration the following factors:
- the nature and gravity of the accusation.
- the antecedents of the applicant including the fact as to whether he has previously undergone imprisonment on conviction by a Court in respect of any cognizable offence
The presence of the applicant seeking anticipatory bail shall be obligatory at the time of final hearing of the application and passing of final order by the Court, if on an application made to it by the Public Prosecutor, the Court considers such presence necessary in the interest of justice.
Mandatory bail:
Section 167(2) of the Criminal Procedure Code, 1973 empowers judicial magistrates to authorize custody of an accused person in cases wherein investigation cannot be completed in twenty-four hours. It provides for the maximum period of custody that can be authorized. It further contains a mandate that if the investigation is not completed within the stipulated maximum period, the accused is to be released on bail whatever may be the nature of accusation against him. Restrictions imposed on the powers of the magistrate with regard to grant of regular bail under section 437 of the Code would not be applicable when magistrate exercises power under section 167(2) .
In Natabar Parinda v. State of Orissa, AIR 1975 SC 1465 case, the Supreme Court noted that the accused has a right to be released on bail under this provision even in serious and ghastly types of crimes.
Application for Bail:
In order to apply for bail in the case of a bailable offence, the person needs to fill a form of bail i.e., Form No. 45 which is given in the first schedule of the Code. The application for bail shall be filed before the Judge/Magistrate, who is conducting the trial. The application for Bail shall be made in the form (Form 45), prescribed and the designation of judge / Magistrate, should be clearly mentioned. The application shall also contain an undertaking, that the accused, shall fulfil all the conditions as contained in the Bail- Bond.
The application after being filed is usually listed the next day. On such day, the application will be heard, and the police shall also present the accused in court. The magistrate may pass such orders, as he thinks fit. If the bail is granted, the accused will have to execute a “Bail Bond”.
On execution of bail-bond, the accused is out of prison only on such terms and conditions, as contained in the “Bail-Bond”. The amount of every bond, i.e. the security shall be reasonable, and no excessive (S. 440). If at any point in time, the terms and conditions of bail are not fulfilled, the “Bond” shall be forfeited.
Considerations During Grant of Bail:
It is important to mention here that discretion, when applied to a court of justice, means sound discretion guided by law. It must be governed by rule, not by humour; it must not be arbitrary, vague and fanciful. But legal and regular. The discretion to grant bail in cases of non-bailable offences has to be exercised according to certain rules and principles as laid down by the Code and Judicial decisions.
Generally while making a decision regarding grant of bail, the following circumstances are taken into considerations:
- The enormity of charge;
- The nature of the accusation;
- The severity of the punishment which the conviction will entail;
- The nature of the evidence in support of the accusation;
- The nature and gravity of the circumstances in which the offence is committed;
- The position and status of the accused with reference to the victim and the witnesses;
- The danger of witness being transferred with;
- The livelihood of accused fleeing from justice;
- Probability of the accused committing more offences;
- The protracted nature of the trial;
- Opportunity to the applicant for preparation of his defence and access to his counsel.
- The health, age and sex of the accused person etc. The law gives special consideration in favour of granting bail where the accused is under sixteen, a woman, sick or in๏ฌrm, or if the court is satisfied that it is just and proper for any other special reason to give rather than refuse bail.
Powers of the High Court or Court of Session in Granting Bail:
According to Section 439(1) of the Code of Criminal Procedure, 1973 a High Court or Court of Session may direct,
(a) That any person accused of an offence and in custody be released on bail, and if the offence is of the nature specified in sub-section (3) of Section 437, may impose any condition which it considers necessary for the purposes mentioned in that sub-section;
(b) That any condition imposed by a Magistrate when releasing any person on bail be set aside or modified.
However, the High Court or the Court of Sessions shall, before granting bail to a person who is accused of an offence which is triable exclusively by the Court of Sessions or which, though not so triable, is punishable with imprisonment for life, give notice of the application for bail to the public prosecutor unless it is, for reasons to be recorded in writing of opinion that it is not practicable to give such notice.
According to Section 439(2) of the Code of Criminal Procedure, 1973 a High Court or Court of Sessions may direct that any person who has been released on bail under Chapter XXXIII (i.e., relating to bail) be arrested and commit him to custody.
In Sundeep Kumar Bafna vs. State of Maharashtra, Criminal appeal no. 689 of 2014 dt.27.03.2014 case, the Supreme Court has held that there are no restrictions on the High Court or Sessions Court to entertain an application for bail, provided, accused is in custody. The judgment has put an to end the decades old practice of first filing a regular Bail Application before a Magistrate having jurisdiction, and get it rejected for the purpose of approaching the Sessions Court or High Court for bail.
Cancellation of Bail:
The Code of Criminal Procedure makes clear provisions for cancellation of bail and taking accused back in custody. Section 437(5) of the Code states that any court which has released a person on bail under sub-section (1) or sub-s. (2) of s. 437, may, if it considers it necessary so to do, direct that such person be arrested and commit him to custody.
Similarly, Section 439 of the Code confers on the High Court and the Court of Session power to cancel bail. Section 439(2) The Code of Criminal Procedure makes clear provisions for cancellation of bail and taking accused back in custody.
The power of cancellation of bail can be resorted to broadly in the following two situations:
- On merits of a case mainly on the ground of the order granting bail being perverse, or passed without due application of mind or in violation of any substantive or procedural law; and
- On the ground of misuse of liberty after the grant of bail or other supervening circumstances.
Bail in the first type of cases can be cancelled by superior courts only, whereas in the second category of cases bail can be cancelled by the very court which may have granted bail.
Grounds for Cancellation of Bail:
If the person released on bail
- misuses his liberty by indulging in similar criminal activity,
- interferes with the course of investigation,
- attempts to tamper with evidence of witnesses,
- threatens witnesses or indulges in similar activities which would hamper smooth investigation,
- attempts to flee to another country,
- attempts to make himself scarce by going underground or becoming unavailable to the investigating agency,
- attempts to place himself beyond the reach of his surety, etc. These grounds are illustrative and not exhaustive.
Section 439(2) confers powers on the High Court and the Sessions Court to direct re-arrest of the accused who might have been released on bail by any court and commit him to custody.
In Sanjay Chandra vs CBI, 3 (2012) 1 SCC 40 case, the Supreme Court opined that: โThe grant or refusal to grant bail lies within the discretion of the Court. The grant or denial is regulated, to a large extent, by the facts and circumstances of each particular case. But at the same time, right to bail is not to be denied merely because of the sentiments of the community against the accused. The primary purposes of bail in a criminal case are to relieve the accused of imprisonment, to relieve the State of the burden of keeping him, pending the trial, and at the same time, to keep the accused constructively in the custody of the Court, whether before or after conviction, to assure that he will submit to the jurisdiction of the Court and be in attendance thereon whenever his presence is requiredโ
In Rasiklal v. Kishore Khanchand Wadhwani, AIR 2009 SC 1341 case, the Supreme Court held that as soon as it appears that the accused person is prepared to give bail, the police officer or the court before whom he offers to give bail, is bound to release him on such terms as to bail as may appear to the officer or the court to be reasonable. It would even be open to the officer or the court to discharge such person on his executing a bond as provided in the Section instead of taking bail from him.
Distinction Between Bailable and Non-Bailable Offence
| Bailable Offence | Non-Bailable Offence |
| It is defined u/s 2(a) of CrPC, as an offence that 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) CrPC, as any other offence than bailable. |
| Bailable offence are considered less serious in nature. | Non-Bailable offence are considered more serious in nature. |
| As a general rule bailable offence 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 offence which may extend to life imprisonment. |
| In a bailable offence, bail can be claimed as a right. | In the case of a non-bailable offence, bail canโt be claimed as a right and the court or the police officer has the discretion to grant bail after considering facts and circumstances as per each case. |
| The right of bail is under Section 436 of CrPC | Provision for Non-Bailable offense is given u/s 437 of CrPC. |
| Being a member of an unlawful assembly, rioting, bribery, simple hurt are examples of bailable offences under IPC. | Murder, attempt to murder, dowry death, voluntary causing grievous hurt, kidnapping are examples of non-bailable offences under IPC. |
List of Bailable and Non Bailable Offences (IPC)
| Section | Offence | Bailable/Non -bailable | Punishment |
| 107 – 120 | Abetment | Depends on the offence | Depends on the offence |
| 120B | Criminal conspiracy to commit an offence punishable with death | Depends on the offence. E.g. for Punishment for murder, Non-bailable | Depends on the offence |
| 121 | Waging or attempting to wage war, or abetting the waging of war, against the Government of India | Non-bailable | Imprisonment for life or imprisonment up to 10 years along with fine |
| 121-A | Conspiracy to commit offences punishable by section 121.โ | Non-bailable | Imprisonment for life], or with imprisonment of either description which may extend to ten years, and shall also be liable to fine |
| 122 | Collecting arms, etc., with intention of waging war against the Government of India. | Non-bailable | Imprisonment for life or imprisonment of either description for a term not exceeding ten years, and shall also be liable to fine. |
| 123 | Concealing with intent to facilitate design to wage war | Non-bailable | Imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. |
| 124 | Assaulting President, Governor, etc., with intent to compel or restrain the exercise of any lawful power. | Non-bailable | Imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. |
| 124A | Sedition. | Non-bailable | Imprisonment for life and fine or imprisonment for 3 years and fine or fine. |
| 125 | Waging war against any Asiatic Power in alliance with the Government of India.โ | Non-bailable | Imprisonment of either description for a term which may extend to seven years, to which fine may be added, or with fine |
| 126 | Committing depredation on territories of Power at peace with the Government of India | Non-bailable | Imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine and to forfeiture of any property used or intended to be used in committing such depredation or acquired by such depredation. |
| 131 | Abetting mutiny or attempting to seduce a soldier, sailor or airman | Non-bailable | Imprisonment for life or 10 years with fine |
| 140 | Wearing soldierโs garb, sailor, airman | Bailable | Imprisonment for 3 months along with 500 |
| 144 | Punishment for unlawful assembly | Bailable | Imprisonment for 6 months with fine |
| 154 | Owner or occupier of land on which unlawful assembly is held | Bailable | INR 1000 fine |
| 158 | Being hired to be part of unlawful assembly or riot | Bailable | Imprisonment for 6 months up to 2 yrs along with fine |
| 166A | Public servant disobeying direction under law | Bailable | Imprisonment for 6 months up to 2 yrs |
| 167 | Public servant framing an incorrect document | Bailable | Imprisonment for 3 years and fine |
| 172 | Absconding to avoid service of summons | Non-bailable | Imprisonment for 1 month or fine INR 1000 |
| 177 | Furnishing false information | Bailable | Imprisonment for 6 months and fine INR, 1000 |
| 181 | False statement on oath to public servants | Bailable | Imprisonment for 3 years along with fine |
| 186 | Disobedience to order duly promulgated by a public servant | Bailable | Imprisonment for 3 months and a fine of INR 500 |
| 189 | The threat of injury to a public servant | Bailable | Imprisonment for 2 years along with fine |
| 191 | Giving false evidence | Bailable | Imprisonment for seven years along with fine |
| 195A | Threatening any person to give false evidence | Bailable | Imprisonment for seven years along with fine |
| 203 | Giving false information respecting an offence | Bailable | Imprisonment for two years along with fine |
| 210 | Fraudulently making false claims in court | Bailable | Imprisonment for two years along with fine |
| 213 | Taking gift, to screen an offender from punishment | Bailable | Imprisonment for three to seven years along with fine |
| 223 | Escape from confinement or custody negligently suffered by a public servant | Bailable | Imprisonment for two years along with fine |
| 228 | Intentionally insult or interruption to public servant sitting in a judicial proceeding | Bailable | Imprisonment for 6 months along with a fine of INR 1000 |
| 232 | Counterfeiting Indian coin | Non-bailable | Imprisonment for life or 10 years with fine |
| 238 | Import or export of counterfeiting Indian coin | Non-bailable | Imprisonment for life or 10 years with fine |
| 246 | Fraudulently diminishing the weight of a coin | Non-bailable | Imprisonment for 3 years with fine |
| 255 | Counterfeiting of government stamp | Non-bailable | Imprisonment for 3 years with fine |
| 264 | Fraudulent use or false instrument for weighing | Bailable | Imprisonment for 1 year with fine |
| 269 | Negligent act likely to spread infectious disease dangerous to life | Bailable | Imprisonment for 6 months with fine |
| 272 | Adulteration for food or drink intended for sale | Bailable | Imprisonment for 6 months with a fine of INR 1000 |
| 274 | Adulteration of drug | Non-bailable | Imprisonment for 6 months with a fine of INR 1000 |
| 275 | Sale of adulterated drug | Bailable | Imprisonment for 6 months with fine of INR 1000 |
| 279 | Rash driving or riding on a public way | Bailable | Imprisonment for 6 months with a fine of INR 1000 |
| 283 | Danger or obstruction in public way or line of navigation | Bailable | INR 200 |
| 292 | Sale of an obscene book | Bailable | Imprisonment for 2 years with a fine of INR 2000 |
| 295 | Injuring places of worship with an intent to insult the religion of any class | nb | Imprisonment for 2 years with fine. |
| 295A | A deliberate and malicious act intended to outrage religious feelings of any class, by insulting religious beliefs. | Non-bailable | Imprisonment for 3 years with fine. |
| 297 | Trespassing on burial places | Bailable | Imprisonment for 1 year with fine. |
| 302 | Punishment for murder | Non-bailable | Imprisonment for a life term or capital punishment |
| 304 | Punishment for Culpable homicide not amounting to murder. | Non-bailable | Imprisonment for 10 years with fine |
| 304A | Punishment for causing death by negligence | Bailable | Imprisonment for 2 years. |
| 304B | Dowry death | Non-bailable | Imprisonment for 7 years up to life term. |
| 306 | Abetment of suicide | Non-bailable | Imprisonment for 10 years with fine. |
| 307 | Attempt to murder | Non-bailable | Imprisonment for 10 years with fine. |
| 308 | Attempt to commit culpable homicide | Non-bailable | Imprisonment for 3-7 years with fine. |
| 309 | Attempt to commit suicide | Bailable | Imprisonment for 1 year or with fine. |
| 318 | Concealment of birth by secret disposal of the body | Bailable | Imprisonment for 2 years with fine. |
| 323 | Causing hurt | Bailable | Imprisonment for 1 year with fine. |
| 349 | Using force | Bailable | Imprisonment for 3 months or with a fine of INR 500 |
| 354D | Stalking | Bailable | Imprisonment for 3 months or with fine. |
| 363 | Punishment for Kidnapping | Bailable | Imprisonment for 7 months or with fine |
| 369 | Abduction of a child under 10 | Non-bailable | Imprisonment for 7 months or with fine |
| 370 | Trafficking of person | Non-bailable | Imprisonment for 7-10 years or with fine |
| 376 | Punishment for Rape | Non-bailable | Rigorous imprisonment for life or not less than 7 years |
| 376D | Gang rape | Non-bailable | Imprisonment for 20 years which may extend till life |
| 377 | Unnatural offence | Non bailable | Imprisonment for 10 years which may extend till life |
| 379 | Punishment for Theft | Non-bailable | Imprisonment for 3 years and fine |
| 384 | Punishment for Extortion | Non bailable | Imprisonment for 3 years |
| 392 | Punishment for Robbery | Non-bailable | Imprisonment for 3 years and fine |
| 395 | Punishment for Dacoity | Non-bailable | Imprisonment for 10 years and fine |
| 406 | Punishment for criminal breach of trust | Non-bailable | Imprisonment for 3 years and fine |
| 411 | Dishonestly receiving Stolen property | Non-bailable | Imprisonment for 3 years and fine |
| 417 | Punishment for Cheating | Bailable | Imprisonment for 1 year and fine |
| 420 | Cheating and dishonestly inducing delivery of property | Non bailable | Imprisonment for 7 years and fine |
| 426 | Punishment for Mischief | Bailable | Imprisonment for 3 months |
| 447 | Punishment for criminal trespass | Bailable | Imprisonment for 3 months and a fine of INR 500 |
| 465 | Forgery | Bailable | Imprisonment for 2 years and fine |
| 477A | Falsification of accounts | Bailable | Imprisonment for 2 years and fine |
| 489A | Counterfeiting currency notes or banknotes | Non bailable | Imprisonment for life and fine |
| 489C | Possession of forged currency notes or banknotes | Bailable | Imprisonment for 7 years and fine |
| 494 | Marrying again during lifetime of husband or wife | Bailable | Imprisonment for 7 years and fine |
| 496 | Marriage ceremony fraudulently gone through without lawful marriage | Bailable | Imprisonment for 7 years and fine |
| 498 | Enticing or taking away or detaining with criminal intent | Bailable | Imprisonment for 2 years and fine |
| 498A | Husband or relative of husband of a woman subjecting her to cruelty | Non-bailable | Imprisonment for 3 years and fine |
| 500 | Punishment for Defamation | Bailable | Imprisonment for 2 years and fine |
| 506 | Criminal intimidation | Bailable | Imprisonment for 2 years for simple offence and 7 years if the threat is to cause death or grievous hurt |
| 509 | Word, gesture or act intended to insult the modesty of a woman | Bailable | Imprisonment for 3 years and fine |
| 510 | Misconduct in public by a drunken person | Bailable | Imprisonment for 24 hours and fine of INR 10 |
Conclusion:
The meaning of โbailโ is to set an accused person free after depositing some money with the court before he is tried, often on condition that a sum of money would be forfeited if he does not attend the trial. The Code of Criminal Procedure, 1973 classifies offences into two categories – bailable and non-bailable. The classification is done mainly based on the gravity of the offence and the punishment provided for such offence. A bailable offence is considered to be less grave and serious than a non-bailable offence. Bailable offences are specified in the first schedule of the Code. In such offences. Section 436 of Code of Criminal Procedure, 1973 gives provision for bail in case of bailable offences. In Bailable offences, bail is a right. A non-bailable offence is one in which the grant of Bail is not a matter of right. Here the Accused will have to apply to the court, and it will be the discretion of the court to grant bail or not. The court may require the accused to execute a “Bail-Bond with some stringent conditions. Section 437 of the Code of Criminal Procedure deals with the aspect of Non-Bailable Offences.