In Indian criminal law, offences are broadly categorized into bailable and non-bailable offences. This distinction significantly affects an accused person's right to seek bail, the discretion of courts, and the nature of trial proceedings.
In this article, we explain the legal meaning, key differences, and practical implications of both types of offences under the BNSS.
A bailable offence is one where bail is a matter of right. The accused can secure release from custody by furnishing a bail bond, and the police officer or magistrate is bound to grant it.
Simple hurt
Public nuisance
Assault
Defamation
BNSS mandates that a person accused of a bailable offence must be released on bail upon furnishing surety or bond.
A non-bailable offence is one where bail is not a right, but a matter of discretion for the court. The seriousness of the offence, risk of tampering evidence, flight risk, and prior criminal record are considered.
Murder
Rape
Kidnapping
Dowry death
BNSS govern bail in non-bailable offences, requiring judicial evaluation of circumstances.
| Basis | Bailable Offence | Non-Bailable Offence |
|---|---|---|
| Right to Bail | Bail is a right | Bail is at court’s discretion |
| Severity | Less serious | More serious/criminal in nature |
| Examples | Hurt, defamation | Murder, rape |
| Police Power | Police can grant bail | Police cannot grant bail |
In bailable offences, you can apply for bail immediately after arrest.
In non-bailable offences, anticipatory or regular bail applications must be filed.
Courts weigh factors like prima facie guilt, public interest, and victim impact in non-bailable offences.
Understanding the difference between bailable and non-bailable offences helps you exercise your legal rights effectively. Whether you're a litigant, student, or advocate, this distinction is fundamental to criminal litigation in India.
