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The classification of offences into bailable and non-bailable offences is an essential aspect of the Criminal Procedure Code (CrPC) in India. Here the offences are classified into two categories: bailable and non-bailable offences.
The classification is based on the entitlement of bail to the accused as a matter of right or discretion of the court. Section 2(a) of the CrPC defines bailable offences as those offences where bail can be granted as a matter of right and non-bailable offences as those offences where bail is not a matter of right but is subject to the discretion of the court.
The present article shall discuss bailable and non-bailable offences in detail, along with landmark cases related to these offences.
Table of Contents
The meaning of Bail is not explicitly defined in CrPc; however, the meaning of bail has been provided by the Supreme Court (Apex Court)/ SC in the case titled Vaman Narain Ghiya vs the State of Rajasthan (2009), which is as follows.
“Bail may be considered as a mechanism whereby the State devolutes upon the community the function of securing the presence of the prisoners and at the same time involves the participation of the community in the administration of justice.
Bailable offences are those offences wherein bail is a matter of right. However, the person may still be required for furnishing bail bonds to ensure his presence at the trial.
However, in certain cases, there can be a denial of bail by the court despite the offence being bailable in nature. For instance, if the accused has a prior history of committing similar offences, the court may deny bail due to the tendency of the offender of committing the crime again.
Bailable offences are relatively less serious offences and are punishable with imprisonment for a term of less than three years or with a fine only. Some examples of bailable offences are causing hurt, theft, mischief, defamation, and simple assault. Section 436 of the CrPC deals with the provisions for bail in bailable offences, stating that an accused person arrested or detained for a bailable offence shall be released upon furnishing a bail bond with or without sureties.
Non-Bailable Offences: Non-bailable offences, as the name suggests, are those offences wherein bail isn’t a matter of right. In such cases, the accused is required to approach the court for bail and is required to furnish reasons and provide sureties before the court considers the bail application.
Non-bailable offences are more serious in nature and are punishable with imprisonment for three years or more. Some examples of non-bailable offences are murder, rape, dacoity, and kidnapping. Section 437 of the CrPC prescribes the provisions for bail in non-bailable offences, which states that an accused person arrested or detained for a non-bailable offence shall not be released on bail unless the court is satisfied regarding the presence of reasonable grounds for granting bail.
However, the court may deny bail even if the offence is bailable, if the accused has a history of committing similar offences, or if there is a chance that the accused may tamper with the evidence, intimidate witnesses, or flee from the jurisdiction of the court.
The decision of the court with regard to the grant or refusal of the bail is at the discretion of the judge. In recent years, there have been concerns about the misuse of non-bailable offences for harassing and intimidating individuals, particularly in cases of sedition and hate speech. The Supreme Court has taken note of these concerns and has emphasised the need to balance the right to free speech with the need to maintain social harmony and prevent hate speech.
The differences between bailable and non-bailable offences are illustrated below in a tabular form to facilitate a better understanding.
Arnesh Kumar v. State of Bihar:
In this case, the Apex court held that police officers couldn’t automatically arrest a person accused of a non-bailable offence without first conducting a preliminary investigation and forming an opinion about the arrest being necessary. The court also held that a person accused of a non-bailable offence has an entitlement to bail as a matter of right, and the police officers shouldn’t automatically oppose bail in such cases.
State of Rajasthan v. Balchand:
In this case, the Supreme Court held that the right to bail is a fundamental right guaranteed as per Article 21 of the Indian Constitution1, and it cannot be denied except in the interest of justice or to prevent the person from fleeing the jurisdiction of the court.
Zahira Habibullah Sheikh v. State of Gujarat:
In this case, the Supreme Court held that in cases where there is a threat to the life or safety of the witness, the court can refuse bail to the accused.
Gurbaksh Singh Sibbia v. State of Punjab:
The Supreme Court held in this case that the right to bail isn’t absolute and must be balanced against the interests of society and the victim. The court also held that the accused is required to provide cogent reasons to be released on bail and must show that he isn’t likely to abscond or tamper with the evidence.
Sanjay Chandra v. CBI:
It was held by the Apex Court that economic offences are serious offences that have a wide-ranging impact on society and the economy. The court also held that the power to grant bail in such cases must be exercised with caution and that the accused must show that he isn’t likely to tamper with the evidence or influence the witnesses.
It is a known fact that the Indian Penal Code 1860 (IPC) is a substantive law, and CrPc is a procedural law which prescribes the procedure for proceeding in case of the commission of an offence under the IPC.
The First Schedule of CrPc provides a list of offences under IPC and their classification in terms of bailable and non Bailable which is provided below –
The classification of offences into bailable and non-bailable offences is an essential aspect of the criminal justice system in India. While a person accused of a bailable offence is entitled to bail as a matter of right, the accused in a non-bailable offence has to approach the court for bail. However, the right to bail isn’t absolute, and the courts must balance the interests of society and the victim against the right of the accused to be released on bail. The landmark cases discussed above have played a vital role in shaping the jurisprudence of bail in India.
No, bail is not explicitly defined under CrPc however, its meaning was provided in the case titled Vaman Narain Ghiya vs the State of Rajasthan (2009).
Bailable offences are relatively less serious offences and are punishable with imprisonment for a term of less than 3 years or with a fine only. Some examples of bailable offences are causing hurt, theft,mischief, defamation, and simple assault. Section 436 of the CrPC deals with the provisions for bail in bailable offences, stating that an accused person arrested or detained for a bailable offence shall be released upon furnishing a bail bond with or without sureties.
Non-bailable offences, as the name suggests, are those offences wherein bail isn’t a matter of right. In such cases, the accused is required to approach the court for bail and is required to furnish reasons and provide sureties before the court considers the bail application.
The differences can be best understood on the following basis – Nature, Section, Seriousness and Punishment.
Yes, in certain cases, there can be a denial of bail by the court despite the offence being bailable in nature. For instance, if the accused has a prior history of committing similar offences, the court may deny bail due to the tendency of the offender to commit the crime again.
Read our article:When can a criminal case be filed?
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