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What is the difference in Bailable and Non-Bailable offences in India?
February 18, 2026- What is an offence?
- What is Bail and what is its purpose?
- Basic Difference between Bailable and Non-Bailable Offence
- What is a Bailable Offence?
- Examples of Bailable Offences
- What does 'Right to be released on Bail' mean?
- What is a Non-Bailable Offence?
- Examples of Non-Bailable Offences
- Right to be released on Bail in a Non-Bailable Offence
- How to apply for Bail in a Non-Bailable Offence; Application for Bail
- Why do you need a Lawyer?
Under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, based on bail, offences can be classified as bailable offences and non-bailable offences . Through this article, you can understand the differences between the two kinds of offences.
What is an offence?
Any act which causes a violation of the rights of others or causes harm to others and is so dangerous that it also affects society at large is an offence.
What is Bail and what is its purpose?
Bail is a procedure that allows an arrested or imprisoned individual to be released from custody, with a written promise to the court to appear before it whenever required and comply with certain conditions set beforehand. He/she also assures to release a specified sum of money if the person fails to comply with these conditions.
The purpose of bail is to ensure that the person does not interfere with the judicial process.
Basic Difference between Bailable and Non-Bailable Offence
In essence, the primary difference between a bailable and a non-bailable offense lies in the right to bail.
In the case of a bailable offence, the arrested person has a full fledged right to get bail. It may either be given by a police officer who has custody of the accused or by the court.
A non-bailable offence on the other hand is one in which the arrested person will not get bail as a matter of right and will instead have to apply to the court. Bail in a non-bailable offence is granted if the court is satisfied that it should be granted.
What is a Bailable Offence?
Bailable offences are those crimes that are not very serious in nature. In such cases, bail is a right and the arrested person must be released after depositing the bail with the police. The police have the power to grant bail in these types of cases. The accused may be released on bail, on executing a “ bail bond”.
The "Bail Bond" may contain certain terms and conditions, such as -
“The accused will not leave the territorial jurisdiction of the state without the permission of the court or police officer. The Accused shall give his presence before the 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.
Examples of Bailable Offences
The following are some examples of Bailable Offences under the Bharatiya Nyaya Sanhita
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Sexual Harassment
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Voyeurism
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Stalking
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Possession of forged or counterfeit currency-notes or bank-notes.
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Being a member of an unlawful Assembly
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Rioting, armed with a deadly weapon
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Public servant disobeying a direction of the law with intent to cause injury to any person.
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False statement in connection with elections
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Obstructing a Public Servant in the discharge of his public functions
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Giving or fabricating false evidence in a judicial proceeding
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Selling any food or drink as food and drink, knowing the same to be noxious
What does 'Right to be released on Bail' mean?
According to Section 47 of BNSS, whenever a person is arrested without a warrant, the police officer must communicate the entire details of the offence for which the person is arrested. The police officer must also inform the person that he has the right to be released on bail if the offence they committed is bailable.
According to Section 83 of BNSS, whenever a person accused of a bailable offence is arrested without a warrant, and is willing to give bail, they must be released on bail. The discretion to decide the bail amount lies with the officer or the Court.
What is a Non-Bailable Offence?
Non-bailable offences are serious offences where bail is a privilege and only the courts can grant it. On being arrested and taken into custody for a serious or non-bailable crime, a person cannot ask to be released on bail as a matter of right.
The court may generally refuse the Bail, if:
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The “Bail Bond” has not been executed, or
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if the offence committed is one for which punishment is of death or Life imprisonment,
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or the accused has tried to run away, and his credentials are doubtful.
The application for bail shall be filed before the Magistrate with the help of a criminal lawyer who is conducting the trial. 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.
Examples of Non-Bailable Offences
The following are some examples of Non-bailable Offences under the Bharatiya Nyaya Sanhita
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Murder
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Dowry Death
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Attempt to murder
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Voluntary causing grievous hurt
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Kidnapping
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Rape
Right to be released on Bail in a Non-Bailable Offence
A person who has committed a non-bailable offence doesn't have the right to be released on bail, but bail can be granted to them at the decision of the court, based on certain conditions.
If a person accused of committing a non-bailable offence is arrested, they are not entitled to be released on bail if there is reasonable ground to believe that the person is guilty of an offence that is punishable with death or imprisonment of life. If such a person, however, is below the age of sixteen years they can be released on bail.
How to apply for Bail in a Non-Bailable Offence; Application for Bail
In case of a non-bailable offence, an application consisting the grounds for bail must be moved, with the help of a criminal lawyer. In case the court is of the opinion that bail should be granted, it passes an order after the hearing. To get released on bail in a bailable or non-bailable offence, one must file a bail bond. The bail bond is filed by the surety. The surety is a person who takes responsibility for producing the accused in court or before the investigating agency as and when required.
Why do you need a Lawyer?
Obtaining bail is an extremely important step for an accused in the criminal justice system and has to be approached with a lot of care. Upon arrest, the first step for any person should be to hire the services of an expert criminal lawyer who can help advise and guide the accused through the process of obtaining bail. Only a trained legal mind can advise the best, based upon the exact nature of the offence and the special circumstances of each case that might affect the arrested person's chances of being granted bail.
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|
Bailable Offenses |
Non-Bailable Offenses |
|
Definition |
An offense for which bail can be granted at the time of arrest or during the trial process as a matter of right. |
An offense for which bail cannot be granted as a matter of right at the time of arrest. Accused is required to apply to the court for bail. |
|
Who can grant Bail? |
Bail can be granted by the police officer or the court. |
Bail can only be granted by a court of law. |
|
Kind of Crime |
Less serious and minor offenses. |
Serious and heinous offenses. |
|
Punishment - severity |
Lesser penalties and punishments. |
More severe penalties and punishments. |
|
Need for Court Proceedings |
For bailable offenses, the accused can be released on bail without going through a court trial. |
In non-bailable offenses, the accused must attend court proceedings and apply for bail in front of a judge. |
|
Discretion of the Court |
Court can decide to grant or deny bail based on circumstances. |
Court must have strong reasons to grant bail, and it can also deny bail based on the severity of the offence. |
|
Examples |
Minor assault, stalking, theft, minor traffic violations, etc. |
Rape, murder, terrorism, kidnapping, etc. |
Greater Kailash - 1, Delhi
5 years
These guides are not legal advice, nor a substitute for a lawyer
These articles are provided freely as general guides. While we do our best
to make sure these guides are helpful, we do not give any guarantee that
they are accurate or appropriate to your situation, or take any
responsibility for any loss their use might cause you. Do not rely on
information provided here without seeking experienced legal advice first. If
in doubt, please always consult a lawyer.
Comments by Users
Lokeswari
In my village one person killed women he got arrested by police .. now his relatives are trying to get bail.. will it be possible
Reply by LawRato
If a person is arrested on an accusation of committing a non-bailable offence, then such person will not be released on bail if there appears to be a reasonable ground that the accused is guilty of such offence. Murder is a non-bailable offence and hence bail is not granted as a matter of right.
Sidhu
379,380 ipc balible or not
Reply by LawRato
Both Sections 379 and 380 of the IPC are non-bailable offences.
vipin
if someone is caught under doc 406 &407 what should they do and how to handle the case
Reply by LawRato
The first step that you should take is to hire a lawyer. A criminal lawyer can guide you after understanding your case in detail. You can get in touch with a good criminal lawyer by clicking on the link - Top Criminal Lawyers in India
Sarika
A lady who is arrested under 370 nd 363 when we can apply for bail
Reply by LawRato
Bailable offenses are those offenses or crimes that are not very serious in nature. In such cases, bail is a right and the arrested person must be released after depositing the bail with the police. The police have the power to grant bail in these types of cases. The accused may be released on bail, on executing a “bail bond", with or without furnishing sureties.
Section 363 IPC defines the punishment for kidnapping. It is a bailable offence.
Non-bailable offenses are serious offenses where bail is a privilege and only the courts can grant it. On being arrested and taken into custody for a serious or non-bailable crime, a person cannot ask to be released on bail as a matter of right.
Section 370 IPC defines offence of Trafficking of person and it is a non-bailable offence.
Preethiv
Law is a powerfull weapon
anu
a person caught under 376 then how many days it will take to took bail
Syed
This is very useful to the people who like to learn law
Surya
If someone is cought under 120-B ,384 and 420 then it is bailable offence or not.
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Frequently Asked Questions
What are the key differences between bailable and non-bailable offences in terms of the legal process and rights of the accused in India?
How does the classification of an offence as bailable or non-bailable impact the arrest and detention procedures in India?
What factors determine whether an offence is classified as bailable or non-bailable under Indian law, and how does this classification affect the judicial discretion in granting bail?
What are the implications for an accused individual's legal strategy when facing a non-bailable offence charge in India?
How does the classification of an offence as bailable or non-bailable influence the timeline and conditions under which an accused can seek bail in India?
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