What is a Bailable and Non-Bailable offence in India?

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What is a Bailable and Non-Bailable offence in India?

Bailable and Non-Bailable offence | Law House | www.lawhousekolkata.com
What is a Bailable and Non-Bailable offence in India?

What is an offence?

Any act which is deemed as an offence by any law is an offence. Any act which causes a violation of the rights of others or causes harm to others and is so dangerous that also affects the society at large is designated as offence.  Section 2(n) of CrPC defines an offence as: “Offence” means any act or omission made punishable by any law for the time being in force and includes any act in respect of which a complaint may be made under section 20 of the Cattle-trespass Act, 1871.

The Criminal Procedure Code lays (CrPC) the rules for conduct of proceedings against any person who has committed an offence under any Criminal law, whether it is I.P.C or other Criminal law.

CLASSIFICATION OF OFFENCES

Depending on the nature and gravity of an offence they can be classified under any of the following heads:

  1. Bailable and non-bailable offence
  2. Cognizable and non-cognizable offence.
  3. Compoundable and non compoundable offence 

What is Bail?

Bail is an instrument which is used to ensure the presence of an accused whenever required by the court. CrPC does not define the term Bail, but essentially, Bail is an agreement in which a person makes a written undertaking to the court to appear before it whenever required and comply with any conditions set out in the agreement. He/she also assures to forfeit a specified sum of money if the person fails to comply with any terms and conditions of the agreement.

Difference between bailable and non-bailable offence

BAILABLE OFFENCE

In case of bailable offence, the grant of bail is a matter of right. It may be either given by a police officer who is having the custody of Accused or by the court. The accused may be released on bail, on executing a “bail bond”, with or without furnishing sureties.

The “Bail Bond” may contain certain terms and conditions, such as:
The accused will not leave the territorial jurisdiction of the state without the permission of the court or police officer. The Accused shall give his presence before police officer every time, he is required to do so. The Accused will not tamper with any evidence whatsoever, considered by police in the investigation.

The court is empowered to refuse bail to an accused person even if the offence is bailable, where the person granted bail fails to comply with the conditions of the bail bond.
 

 EXAMPLES OF BAILABLE OFFENCE

  • Being a member of an unlawful Assembly
  • Rioting, armed with a 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.
  • Bribery in relation to elections
  • False statement in connection with elections
  • Refusing oath when duly required to take an oath by a public servant
  • Obstructing public Servant in discharge of his public functions
  • Giving or fabricating false evidence in a judicial proceeding
  • Selling any food or drink as food and drink, knowing the same to be noxious
  • Causing a disturbance to an assembly engaged in religious worship

NON-BAILABLE OFFENCE

A non-bailable offence is one in which the grant of Bail is not a matter of right. Here the Accused will have to apply to the court, and it will be the discretion of the court to grant Bail or not.

The court may generally refuse the Bail, if:
“Bail Bond” has not been duly executed, or if the offence committed is one, which imposes punishment of death or Life imprisonment, such as “Murder ” or “Rape” or the accused has attempted to abscond, and his credentials are doubtful.

The application for bail shall be filed before the Magistrate, who is conducting the trial. The application after being filed is usually listed on the next day. On such day, the application will be heard, and the police shall also present the accused in court. The magistrate may pass such orders, as he thinks fit.
 

EXAMPLE OF NON-BAILABLE OFFENCE

  • 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.

PROCEDURE ONCE BAIL IS GRANTED

  1. When the bail has been granted the accused shall, execute a “Bail-Bond”, and furnish sureties, and security for amount as required.
  2. When the bond has been duly executed, the accused shall be released, and if he is in prison, then an order of Release shall be issued to the officer in charge.
  3. If the accused is charged for two separate offences, then, he shall have to execute and satisfy Bail Bond for both of them.

WHEN BAIL MAY BE REVOKED OR BAIL BOND BE FORFEITED

  1. Where, the accused fails to fulfill or commits, breach of any terms and conditions of the bond.
  2. Where the accused, fails to furnish the required number of sureties or fails to deposit the security amount
  3. Where, the sureties accepted at the time of bail, or turn out afterwards to be insufficient, fraud or has been accepted under mistake.
  4. Where any of he sureties to the bail bond, applies to the magistrate for his own discharge
  5. Where one of the original surety dies or becomes insolvent, and if accused fails to bring another surety.

APPEAL FROM FORFEITURE OF BOND

  1. Where, a bond has been forfeited, or bail has been cancelled, an appeal can be made against such an order.
  2. Where an order has been made by a magistrate an appeal shall lie to a sessions judge or
  3. Where an order has been made by a court of sessions then appeal shall lie to the same court, where ordinarily– appeal would lie against sessions judge.
Bailable and Non-Bailable offence | Law House | www.lawhousekolkata.com
What is a Bailable and Non-Bailable offence in India?

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