Bailable and Non-Bailable Offence
Offence is any type of illegal activity which is punishable under a particular law. There are different types of offences and it depends on the nature of offence to include any particular type of penalty.
The offenses committed by the accused fall under two categories which are bailable and non bailable offences. The word offense generally means any activity which is forbidden by a penal law to be committed and also any omission to do what the law commands and this can be considered as literal meaning of offence.
The section 2(n) of Crpc defines the term offense which says that offense is any act or omission on the part of individual which is made punishable by law currently in force. It may include all the act in which complaint can be made under section 20 of cattle trespass act,1871.
The different types of offences are as follows:
Under section 320 of CrPCdeals with the compounding of offences and are considered to be less serious crimes and the compoundable offences are those in which the complainant files a complaint against the accused and enters into a compromise whereby he agrees to drop the charges against the accused with a bonafide intention.
They are of two types:
- Where court permission is not required before compounding in offences such as adultery, defamation, criminal trespass etc.
- Where court permission is required before compounding in offences like criminal breach of trust, causing grievous hurt voluntarily, assaulting a woman outraging her modesty, dishonest misappropriation of property.
The application of the compounding offences shall be made in the same court where the trial proceedings were going on. Any offence which was to be compounded but not yet compounded shall have the same effect as the other offences.
- Criminal breach of contract service
- Criminal or house trespass
- Uttering words with deliberate intention of defaming any religion
- Printing defamatory matter.
- Causing intentional hurt
- Cheating and theft
Offences compoundable with permission of court
- Criminal breach of trust
- Causing miscarriage
- Causing grievous hurt
- Intentional assault of woman
The non-compoundable offences are not mentioned under the list given in section 320 of CrPC , these are some of the offences which cannot be compounded as the nature of the offence is grave and heinous and they can only be quashed. In these cases only the state can file the case and there is no question of compromising. It can be both the society and parties that can be affected by the offence.
The compromise is not allowed by the court as the nature of the crime is serious. In these offences based on evidences full trials are held for acquittal.
- Causing hurt by a dangerous women and voluntary action
- Wrongful confinement of a person
- Criminal force to women to outrage her modesty
- Misappropriation of property by dishonesty
- Negligent and rash grievous hurt to endanger human life
Section 154 of CrPC explains about the cognizable offences and says that the police is obliged to file a case in cognizable offences. These are the serious offences in which the police can arrest the convict without the warrant and can start the investigation without the warrant. These heinous crimes are murder, rape, kidnapping, dowry death, theft etc. the convict can be
arrested afterwards and presented before the magistrate in the stipulated time. It is the illegal offence which is punishable in nature and registered with police.
It includes the following
- Criminal breach of trust
- Dowry death
Non cognizable offences are bailable in nature and the police cannot arrest without warrant and also the investigation cannot be done without the court’s permission. It is defined in section 2(I) of CrPC and the police is not bound to register the FIR prior in these types of offences.
To understand the bailable offence, one needs to understand what is bail?
Bail is the surety of the accused of its presence whenever he is required to be present before the court. Bail is not termed specifically in Crpc but it is essentially to be called as the agreement under which the accused has to give a written undertaking to appear before the court whenever required and he has to comply with the conditions which are given in the agreement. If a person fails to meet the conditions the agreement assures to forfeit some amount of money specified.
Right to be released on bail has been defined under section 50 of Crpc says any offence that is considered to be a bailable one includes the duty of the police to inform the accused that he can be released on bail. In the case ofRashik lal v kishore, it was held by the supreme court that under bailable offences it is the right of a person to claim bail which is considered as absolute and the police is bound to release the accused.
Section 2(a) of Crpc defines bailable offence. The Bailable offences are those offences which are not considered heinous in nature and in those cases the bail is considered to be a right for a person. The arrested person can be released after depositing the bail to police. The police has the power to release the person on bail on executing a bail bond.
Bail bond Includes certain terms and conditions which may include restriction to leave territorial jurisdiction. The accused shall be appearing before the police whenever required. In the bailable offence the court has the discretion to decline the bail even if the offence is bailable if the person has failed to comply with the conditions of the bailable bond.
These less heinous crimes includes as follows:
- Giving any type of false evidence in the judicial proceedings.
- Disobeying the public servant with the intention of causing injury.
- Selling noxious food and drinks.
- Bribery involved in the election process.
- Causing disturbance to religious worship assemblies.
- Rioting and armed with deadly weapons.
- Membership of any unlawful assembly etc.
A non bailable offence in india is given under section 2 (a) of Crpc and it includes all those offence which are not included under bailable offences given in the first schedule.
Non bailable means any serious crime which doesn’t allow the privilege of bail until and unless the court has not granted it. It is a provision that any person who has been arrested for a serious crime, he cannot ask for bail for release. The court can refuse the bail grant if the bail bond has not been complied with. The application of bail is filed before the magistrate and the accused is presented on the day it is heard. It is on the discretion of the magistrate to allow it if it deems fit.
Right to be released on bail it is up to the discretion of the court whether a bail should be granted or not and it is subjected to the conditions given in section 437 of CrPC . Any accused on punishable offence up to death or imprisonment will only be released when the person is:
- Accused is Sick
- It is a woman
- Below the age of sixteen years
Such a person shall not be released when there is no involvement of a reasonable ground.
Under section 70 to 81 in the code of criminal procedure,1973 the issuance of warrants have been mentioned. In the non bailable warrants the issuance involves the interference with personal liberty. The court has to carefully analyse about its issuance of this warrant and it can only be issued when there is importance to curtail one’s freedom due to larger interest of public and the state. In the famous case of IndermohanGoswami and Another v State of Uttaranchal and Others, the guidelines regarding the issuance of non bailable warrant were issued.
The non bailable warrant is further issued when it is observed by the court that the person who has committed heinous offences and it can be anticipated that the person is likely to destroy all the evidence.
The warrant further is issued by analysing the scrutiny of the facts of the case. In the case of State of UP v Poosu and Another, it was held that the court would consider all the factors related to seriousness of crime, the character of evidence and also factors in relation to the larger interest of public and the state.
|Cognizable offence||Non cognizable offence|
|It is the type of crime in which the police is authorized to take in the cognizance of offence without warrant and can investigate without the permission of the court.||It is the type of offence in which police has no authority to arrest without a warrant|
|The approval of the court is not required for the investigation.||The approval of the court is required prior in non cognizable offence|
|Offences are heinous||Offences are comparatively less heinous|
|Petition includes FIR and complaint||The petition includes Complaint|
|Bailable offence||Non bailable offence|
|Offences which are shown bailable under the first schedule or by law for time period||Non bailable offences are other than the bailable offences|
|These are less heinous crime||These include heinous crimes|
|The bail is claimed as a matter of right||The bail is a matter of discretion|
|107||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 upto 10 years along with fine|
|124A||Sedition.||Non-bailable||Imprisonment for life and fine or Imprisonment for 3 years and fine or fine.|
|131||Abetting mutiny or attempting to seduce a soldier, sailor or airman||Non-bailable||Imprisonment for life or 10 years with fine|
|140||Wearing soldier’s 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 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 public servant||Bailable||Imprisonment for 3 months and fine of INR 500|
|189||Threat of injury to 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 claim 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 public servant||Bailable||Imprisonment for two years along with fine|
|228||Intentionally insult or interruption to public servant sitting in judicial proceeding||Bailable||Imprisonment for 6 months along with 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 weight of 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 fine of INR 1000|
|274||Adulteration of drug||Non bailable||Imprisonment for 6 months with 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 fine of INR 1000|
|283||Danger or obstruction in public way or line of navigation||Bailable||INR 200|
|292||Sale of obscene book||Bailable||Imprisonment for 2 years with 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||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 years with fine.|
|302||Punishment for murder||Non bailable||Imprisonment for 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 body||Bailable||Imprisonment for 2 years with fine.|
|323||Causing hurt||Bailable||Imprisonment for 1 years with fine.|
|349||Using force||Bailable||Imprisonment for 3 months or with 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 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 years 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 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 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 drunken person||Bailable||Imprisonment for 24 hours and fine of INR 10|
The offence and type of offences are categorized under different arenas of law such as bailable, non bailable, cognizable and non-cognizable etc., and these offences are being defined under Indian Penal Code and the code of criminal procedure as per the nature of offence.