Jan 20, 2018
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Difference between Bailable offence and Non-bailable offence

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Difference between Bailable offence and Non-bailable offence

Bailable offence

Section 2(a) of the Code of Criminal Procedure, 1973 ,Bailable offence means an offence which is shown as bailable in the First Schedule, or which is made bailable by any other law for the time being in force; and “non-bailable offence” means any other offence. It consist two parts, first relates to offences under Indian Penal code and Second one relates to offences under other laws. The second part says that the offence punishable with imprisonment for less than three years or fine only, shall be bailable. Such offences tried by any Magistrate. Bail means the guarantee or sum of money demanded by a law court. Its paid by arrested person on a criminal charges, temporarily released until which time he allowed to go free.

EXAMPLES

  • Being a member of an unlawful Assembly
  • Rioting, armed with deadly weapon
  • Public servant disobeying a direction of the law with intent to cause injury to any person.
  • Wearing Garb or carrying token used by public servant with fraudulent intents.

Non-Bailable Offence

The term ‘non-bailable offence’ does not means that an accused person cannot get bail under any circumstances. Section 437 of the Code of Criminal Procedure provides the provisions for bail in non-bailable offences. Except on reasonable grounds that the offence committed by accused is punishable with death or imprisonment for life. As per Section 50(2) of the Code of Criminal Procedure that where a police officer arrests without warrant any person other than a person accused of a non-bailable offence. Person arrested informed that he can get bail and arrange sureties on this behalf.
EXAMPLE OF

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

Difference between Bailable offence and Non-bailable offence

Following points differentiate Bailable offence from Non-bailable offence :

  1. In the case of bailable, its binding upon the investigating officer to grant bail. While in case of a non-bailable offence the police do not grant bail. The decision to grant bail taken by a Judicial Magistrate/Judge only.
  2. In the case of a bailable, if the accused produces proper surety after his arrest, and fulfills other conditions, its binding upon the Investigating officer to release him. While in the case of a non-bailable offence, the Investigating Officer must present the accused before the Judicial Magistrate/Judge concerned within 24 hours of the arrest. At that time, the accused has a right to apply for bail himself or through his representative /lawyer.
  3. Similarly, if the accused has subjected to any misbehavior by police after arrest, he has an opportunity to complain against the same before the Judicial Magistrate/Judge.

 

Article Categories:
Criminal law

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