Define and distinguish between Bailable and Non bailable offences.

Question: Define and distinguish between Bailable and Non bailable offences; [U.P.C.J. 1987, RJS 1979, HJS 1999, DJS 2007, UPJ 2016]

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Answer

Section 2(a) of CrPC defines bailable offences as the offence that has been shown in the First Schedule as bailable or which is made bailable by any other law for the time being in force.

The first schedule of the CrPC is divided into two parts where the first part deals with the offences given under IPC and the second part deals with the offences under other laws. As per the last item of the First Schedule, an offence in order to be bailable would have to be an offence that is punishable with imprisonment for less than three years or with a fine only.

As per Section 2(a) of CrPC, non-bailable offence includes all those offences which are not included in bailable offence in the First Schedule. Further, the First Schedule in its Second part at its end has defined a non-bailable offence as the offences which are punishable with death, imprisonment for life, or imprisonment for more than seven years.

Key Differences between Bailable and Non bailable offences

Bailable Offence

1. It is defined under Section 2(a).
2. These offences are considered less serious in nature.
3. Bailable offences are those that prescribe imprisonment for less than 3 years or with a fine only.
4. In these offences, Bail can be claimed as a matter of right. Bail can be granted by either a police officer or the court.
5. Examples- Simple Hurt (Section 337, IPC), Bribery (Section 171E, IPC), Public Nuisance (Section 290, IPC)
6. In a Bailable offence, there is no provision for anticipatory bail.

Non-Bailable Offence

1. It is also defined under Section 2(a), as any other offence other than bailable.
2. These offences are considered more serious in nature.
3. Non- Bailable offences are those that prescribe the death penalty, imprisonment for life, or imprisonment for more than seven years.
4. In Non-Bailable offences, Bail cannot be claimed as a matter of right. Bail can only be granted at the discretion of the police officer or of the court.
5. Examples- Rape (Section 376), Murder Section (302), Dowry Death (Section 304-B), etc.
6. In a Non-Bailable offence, there is a provision for anticipatory bail.

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