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Difference between Bailable offence and Non-Bailable offence

Updated On: April 19, 2024 9:49 pm

Difference between Bailable offence and Non-Bailable offence

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The classification of offences into bailable and non bailable offences is an important aspect of the Criminal Procedure Code (CrPC) in India. In India, offences are classified into two categories: bailable and non-bailable offences.

Difference between Bailable offence and Non-Bailable Offences

Bailable offences:

1. Section 2(a) Cr.P.C. defines:

“Bailable offence” means on 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;

2. Illustrations:

a. Sec. 143 IPC-Being a member of an unlawful assembly.

b. Rioting (S 147,148) IPC

c. Bribery (S. 171 E) IPC

d. Simple hurt (S.337) IPC

e. Grievous hurt. (S.338) IPC

f. Attempt to commit suicide (309) etc.

Non-bailable offences:

1. Sec.2 (a) Cr.P.C. defines:

“Non-bailable offence” means any other offence.

2. Illustrations:

a. Murder (S.302) IPC

b. Dowry Death (S.304-B) IPC

c. Attempt to murder (S.307) IPC

d. Voluntary causing grievous hurt. (S.326) IPC

e. Kidnapping (S. 363) IPC

f. Rape (S. 376) etc.

Also Read: List of Non-Bailable Offences Under IPC

Basis of Difference	Bailable Offence	Non-Bailable Offence
Provision under CrPC	It is defined u/s 2(a) of CrPC, as an offence which is shown as bailable in the 1st schedule, or which is made bailable by any other law for the time being in force.	It is also defined u/s 2(a) CrPC, as any other offence than bailable.
Intensity of Crime	Bailable offence are considered less serious in nature.	Whereas, Non-Bailable offence are considered more serious in nature.
Quantum of Punishment	As a general rule bailable offence are those in which punishment is for or less than 3 years. But there are some exceptions to this rule.	The quantum of punishment is high in non-bailable offence whichmay extend to life imprisonment.
Power to Grand Bail	In a Bailable offence, bail can be claimed as a right under section 436 of CrPC.	Whereas, bail can’t claim as a right and the court or the police officer has the discretion to grant bail after considering facts and circumstances as par each case. Provision for Non-Bailable offence is given u/s 437 of CrPC.
Example	Sec. 407, 160, 171E of IPC.	Sec. 304B, 302, 376 etc. of IPC