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List of Bailable and Non-Bailable Offences under Criminal Procedure code of India

Narendra Kumar

| Updated: Apr 08, 2019 | Category: Legal, Legal Law

Non-Bailable Offences

Offences are divided into two classifications that include Non-Bailable and Bailable offenses. The classification is entirely based on the severity as well as punishment allocated for them. If the punishment of the offenses is roughly about three years, then they are called Bailable offense. The severe offenses such as Culpable Homicide, Murder, and Rape are called Non-Bailable. The punishment of these offenses is 7 years. In this article we will discuss Non-Bailable Offences under Criminal Procedure code.

What is the meaning of Bail?

When it comes to bail, it is a tool used for ensuring the existence of accused when required by a court. CrPC (Criminal Procedure Code) is the main legislation on the procedure for the substantive criminal law administration in India.  It does not describe this term Bail.

Most significantly, Bail is one of the agreements in that an individual makes an accurately written undertaking to court for appearing before it.  It is when complying and required with certain conditions mentioned in an agreement. A person assures for paying some penalty if she/he fails to obey the conditions and terms of an agreement.

What is offences meaning?

Offense meaning is an act that is considered as the offenses by certain law is called offenses. If an act that causes the violation of certain rights of other people or causes harm to other individuals and they are very dangerous and also affect the entire society, then they are considered as offenses. CrPC Section 2(n) describes the offenses in the following manner.

The meaning of offenses is that any omission or act made fully punishable by law for certain time during being in force. It also includes the act on behalf of that complaints are made under section 20 of the Cattle-trespass Act, 1871.

What are the differences between non-bailable and Bailable offences?

Here are the key variations between Bailable offense and Non-bailable offense as follow:

Non-bailable offense

The non-bailable offenses are the offenses in that the allocation of Bail is truly not a subject of right. In this condition, the accused person has to immediately apply to a court. It is the discretion of the court for allocating the bail or not.

Bailable offenses are Cognizable offenses.

The court actually refuses this Bail during certain conditions that include:

  • The “Bail Bond” is not duly executed
  • If offenses committed are single that imposes the punishment of life imprisonment or death like “Rape” or “Murder” or the accused individuals are tried to abscond and they have doubtful credentials.
  • The bail application is filed in front of Magistrates who is actually performing the trail.  
  • This form after being successfully filed is commonly listed on another day.
  • The application is heard, as well as the police officers shall show up the accused individual to court.
  • Then, the magistrate passes some orders, as he considers fit.

Examples

  • Dowry Death (S.304-B) IPC
  • Murder (S.302) IPC
  • Voluntary causing severe hurt. (S.326) IPC
  • Try to murder (S.307) IPC
  • Rape (S. 376)
  • Kidnapping (S. 363) IPC

Bailable offences

In this kind of offense, the allocation of bail is a subject of right. This kind of bail may be offered by the court or police officers who are having the custody of blamed.  The accused is released on a bail without or with furnishing sureties.

Bailable offenses are non-cognizable offenses. When it comes to Bail Bond of Bailable offense, it includes certain conditions and terms which are listed below:

  • The accused individual will never leave the protective border of the state with no permission of police officers or court. 
  • The accused individuals shall provide their presence before the police officers regularly
  • The accused individual will never tamper with the evidence whatsoever, measured by the police department during the investigation process.
  • The court has the power for refusing the bail to the accused individual even if the offenses are bailable.
  • It is where an individual allocated bail fails for complying with the terms and conditions of bail board.

Few examples

  • Being a part of any unlawful Assembly
  • Public servant defying a direction of law with the intention for causing injury to others
  • Armed, rioting with any deadly weapon
  • Bribery corresponding to elections
  • Carrying token or wearing garb used by the public servant along with fraudulent motivation 
  • Refusing oath while duly need for taking an oath by the public servants
  • False statement in relation to the elections
  • Fabricating or giving false proof in the judicial proceeding
  • Blocking the public Servant in clearance of the public functions
  • Causing any disturbance to the assembly which is engaged in the religious worship
  • Selling drink or food as drink and food, knowing the equivalent to be harmful

List of Major offenses and punishments

Offense Section Bailable/Non -bailable Punishment
Abatement 107 Based on offense Based on offense
Criminal conspiracy for commit the offenses punishable with a fatality 120B Based on offense. E.g. for Punishment for murder, Non-bailable Based on offense
Waging or trying to wage war, or assisting the waging of war, in opposition to Indian Government 121 Non-bailable Imprisonment for lifetime or imprisonment for roughly about10 years with fine
Sedition. 124A Non-bailable Imprisonment for lifetime and fine or Imprisonment for three years and fine or fine.
Abetting mutiny or trying to seduce an airman,  soldier or sailor 131 Non-bailable Imprisonment for the lifetime or ten years with fine
Wearing garb of airman, soldier or sailor 140 Bailable Imprisonment for up to 3 months with 500
Punishment for illegal assembly 144 Bailable Imprisonment for six months with fine
Occupier or owner of the land on that illegal assembly is conducted 154 Bailable INR 1000 fine
Being selected as a  part ofan illegal riot of assembly 158 Bailable Imprisonment for  six months up to two years along with fine
Public servant violating direction under law 166A Bailable Imprisonment for six months up to two years
Public servant framingthe wrong document 167 Bailable Imprisonment for three years & fine
Absconding for avoiding service of summons 172 Non bailable Imprisonment for one month  or fine INR 1000
Furnishing fake information 177 Bailable Imprisonment for six months and fine INR, 1000
Fake statement ona promise to the public servants 181 Bailable Imprisonment for three years along with fine
Disobedience to the order accordingly promulgated by the public servant 186 Bailable Imprisonment for  three months and a fine of INR 500
Risk of injury to the public servant 189 Bailable Imprisonment for two years with fine
Giving fake evidence 191 Bailable Imprisonment for 7 years with fine
Threatening any individual to provide fake evidence 195A Bailable Imprisonment for 7 years with fine
Giving fake information in respect of anoffense 203 Bailable Imprisonment for 2 years along with fine
Falsely making an incorrect claim in court 210 Bailable Imprisonment for 2 years with fine
Taking present, to screen the criminal from punishment 213 Bailable Imprisonment for 3 to 7 years with fine
Escape from custody or confinement negligently suffered by public servant 223 Bailable Imprisonment for 2 years with fine
Purposely insult or disruption to the public servant sitting in any judicial proceeding 228 Bailable Imprisonment for six months with a fine of INR 1000
Faking Indian coin 232 Non bailable Imprisonment for 10 years or lifetime with fine
Export or import of fake Indian coin 238 Non bailable Imprisonment for 10 years or lifetime with fine
Fraudulently declining weight of the coin 245 Non bailable Imprisonment for three years along with fine
Counterfeiting of any government stamp 255 Nonbailable Imprisonment for three  years along with fine

Conclusion:

There are some of the non-bailable and bailable offenses under the Criminal procedure code of India. If you want to know the punishments of the Bailable offense and non-bailable offences, you can read this article thoroughly.

Read our article:When can a criminal case be filed?

Narendra Kumar

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