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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.

Offence meaning

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.

Types of offences

The different types of offences are as follows:

Compoundable and Non-Compoundable offences

Compoundable offences

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.

Compoundable offences examples

  • Criminal breach of contract service
  • Criminal or house trespass
  • Uttering words with deliberate intention of defaming any religion
  • Printing defamatory matter.
  • Adultery
  • 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

Non Compoundable Offences

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.

 Non Compoundable Offences examples

  • 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

Cognizable and Non-Cognizable offence

Cognizable offence

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.

Cognizable offence example

It includes the following

  • Murder
  • Theft
  • Kidnapping
  • Criminal breach of trust
  • Dowry death
  • Rape
  • Rioting

Non Cognizable Offence

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.

Non cognizable offence examples

  • Forgery
  • Assault
  • Cheating
  • Nuisance
  • Defamation
  • Hurt

Bailable and Non Bailable offences

To understand the bailable offence, one needs to understand what is bail?

Bail in Bailable Offence

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.

Bailable offences

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.

Examples of bailable offences

These less heinous crimes includes as follows:

  1. Giving any type of false evidence in the judicial proceedings.
  2. Disobeying the public servant with the intention of causing injury.
  3. Selling noxious food and drinks.
  4. Bribery involved in the election process.
  5. Causing disturbance to religious worship assemblies.
  6. Rioting and armed with deadly weapons.
  7. Membership of any unlawful assembly etc.

Non bailable offence in India

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 meaning

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
  • infirm

 Such a person shall not be released when there is no involvement of a reasonable ground.

Non bailable warrants

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.

Difference between cognizable and non-cognizable offence

Cognizable offenceNon 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 heinousOffences are comparatively less heinous
Petition includes FIR and complaintThe petition includes Complaint

Difference between bailable and non-bailable offence

Bailable offenceNon bailable offence
Offences which are shown bailable under the first schedule or by law for time periodNon bailable offences are other than the bailable offences
These are less heinous crimeThese include heinous crimes
The bail is claimed as a matter of rightThe bail is a matter of discretion

List of bailable and non-bailable offence

SectionOffenceBailable/Non -bailablePunishment
107AbetmentDepends on the offenceDepends on the offence
120BCriminal conspiracy to commit an offence punishable with deathDepends on the offence. E.g. for Punishment for murder, Non-bailableDepends on the offence
121Waging or attempting to wage war, or abetting the waging of war, against the Government of IndiaNon-bailableImprisonment for life or imprisonment upto 10 years along  with fine
124ASedition.Non-bailableImprisonment for life and fine or Imprisonment for 3 years and fine or fine.
131Abetting mutiny or attempting to seduce a soldier, sailor or airmanNon-bailableImprisonment for life or 10 years with fine
140Wearing soldier’s garb, sailor, airmanBailableImprisonment for 3 months along with 500
144Punishment for unlawful assemblyBailableImprisonment for 6 months with fine
154Owner or occupier of land on which unlawful assembly is heldBailableINR 1000 fine
158Being hired to be part of unlawful assembly or riotBailableImprisonment for  6 months up to 2 yrs along with fine
166APublic servant disobeying direction under lawBailableImprisonment for 6 months up to 2 yrs
167Public servant framing incorrect documentBailableImprisonment for 3 years and fine
172Absconding to avoid service of summonsNon bailableImprisonment for 1 month  or fine INR 1000
177Furnishing false informationBailableImprisonment for 6 months and fine INR, 1000
181False statement on oath to public servantsBailableImprisonment for 3 years along with fine
186Disobedience to order duly promulgated by public servantBailableImprisonment for 3 months and fine of INR 500
189Threat of injury to public servantBailableImprisonment for 2 years along with fine
191Giving false evidenceBailableImprisonment for seven years along with fine
195AThreatening any person to give false evidenceBailableImprisonment for seven years along with fine
203Giving false information respecting an offenceBailableImprisonment for two years along with fine
210Fraudulently making false claim in courtBailableImprisonment for two years along with fine
213Taking gift, to screen an offender from punishmentBailableImprisonment for three to seven  years  along with fine
223Escape from confinement or custody negligently suffered by public servantBailableImprisonment for two years along with fine
228Intentionally insult or interruption to public servant sitting in judicial proceedingBailableImprisonment for 6 months along with fine of INR 1000
232Counterfeiting Indian coinNon bailableImprisonment for life or 10 years with fine
238Import or export of counterfeiting Indian coinNon bailableImprisonment for life or 10 years with fine
246Fraudulently diminishing weight of coinNon bailableImprisonment for 3 years with fine
255Counterfeiting of government stampNon bailableImprisonment for 3 years with fine
264Fraudulent use or false instrument for weighingBailableImprisonment for 1 year with fine
269Negligent act likely to spread infectious disease dangerous to lifeBailableImprisonment for 6 months  with fine
272Adulteration for food or drink intended for saleBailableImprisonment for 6 months with fine of INR 1000
274Adulteration of drugNon bailableImprisonment for 6 months with fine of INR 1000
275Sale of adulterated drugBailableImprisonment for 6 months  with fine of INR 1000
279Rash driving or riding on a public wayBailableImprisonment for 6 months  with fine of INR 1000
283Danger or obstruction in public way or line of navigationBailableINR 200
292Sale of obscene bookBailableImprisonment for 2 years with fine of INR 2000
295Injuring places of worship with an intent to insult the religion of any classnbImprisonment for 2 years with fine.
295ADeliberate and malicious act intended to outrage religious feelings of any class, by insulting religious beliefs.Non bailableImprisonment for 3 years with fine.
297Trespassing on burial placesBailableImprisonment for 1 years with fine.
302Punishment for murderNon bailableImprisonment for life term or capital punishment
304Punishment for Culpable homicide not amounting to murder.Non bailableImprisonment for 10 years with fine
304APunishment for  causing death by negligenceBailableImprisonment for 2 years.
304BDowry deathNon bailableImprisonment for 7 years up to life term.
306Abetment of suicideNon bailableImprisonment for 10 years with fine.
307Attempt to murderNon bailableImprisonment for 10 years with fine.
308Attempt to commit culpable homicideNon bailableImprisonment for 3-7 years with fine.
309Attempt to commit suicideBailableImprisonment for 1 year or  with fine.
318Concealment of birth by secret disposal of bodyBailableImprisonment for 2 years with fine.
323Causing hurtBailableImprisonment for 1 years with fine.
349Using forceBailableImprisonment for 3 months or with fine of INR 500
354DStalkingBailableImprisonment for 3 months or  with fine.
363Punishment for KidnappingBailableImprisonment for 7 months or  with fine
369Abduction of child under 10Non bailableImprisonment for 7 months or with fine
370Trafficking of personNon bailableImprisonment for 7-10  years or with fine
376Punishment for  RapeNon bailableRigorous imprisonment for life or not less than 7 years
376DGang rapeNon bailableImprisonment for 20 years which may extend till  life
377Unnatural offenceNon bailableImprisonment for 10 years which may extend till life
379Punishment for  TheftNon bailableImprisonment for 3 years and fine
384Punishment for  ExtortionNon bailableImprisonment for 3 years
392Punishment for   RobberyNon bailableImprisonment for 3 years and fine
395Punishment for  DacoityNon bailableImprisonment for 10 years and fine
406Punishment for  Criminal breach of trustNon bailableImprisonment for 3 years and fine
411Dishonestly receiving Stolen propertyNon bailableImprisonment for 3 years and fine
417Punishment for  CheatingBailableImprisonment for 1 years and fine
420Cheating and dishonestly inducing delivery of propertyNon bailableImprisonment for 7 years and fine
426Punishment for  MischiefBailableImprisonment for 3 months
447Punishment for Criminal trespassBailableImprisonment for 3 months and fine of INR 500
465ForgeryBailableImprisonment for 2 years and fine
477AFalsification of accountsBailableImprisonment for 2 years and fine
489ACounterfeiting currency notes or banknotesNon bailableImprisonment for life and fine
489CPossession of forged currency notes or banknotesBailableImprisonment for 7 years and fine
494Marrying again during lifetime of husband or wifeBailableImprisonment for 7 years and fine
496Marriage ceremony fraudulently gone through without lawful marriageBailableImprisonment for 7 years and fine
498Enticing or taking away or detaining with criminal intentBailableImprisonment for 2 years and fine
498AHusband or relative of husband of a woman subjecting her to crueltyNon bailableImprisonment for 3 years and fine
500Punishment for DefamationBailableImprisonment for 2 years and fine
506Criminal intimidationBailableImprisonment for 2 years for simple offence and 7 years  if threat is to cause death or grievous hurt
509Word, gesture or act intended to insult the modesty of a womanBailableImprisonment for 3 years and fine
510Misconduct in public by drunken personBailableImprisonment 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.






LEGAL SHORTS-Bailable and Non-Bailable Offences, Cognizable and Non-Cognizable Offences



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