In this article, we will discuss bailable and non-bailable offenses in a simple and easy way. Breaking the basic rules is called a crime. Since the nature of the rules is different, so are the offenses of different types.
Today we will understand the bailable and non-bailable offences, then definitely read the article till the end to understand well. 💫 Key Differences
Any such act for which there is a provision of punishment in any law is called a crime. There are laws made by Parliament or Legislature as well as court orders, any private institutional law, custom or tradition based law etc. There can be many such laws in which there is a provision of punishment for any act.
In such a situation, no matter how much you try to escape, it becomes a crime. That is why we must know some basic things about crime. So what is crime, we have already understood it, now let’s talk further.
Which act will be a crime and what will be its punishment, it is written in the Indian Penal Code i.e. IPC 1860. And what will be the process of verifying the crime, what will be the process of punishment, what will be the process of executing it, all this has been discussed in the Criminal Procedure Code i.e. CrPC 1973.
Classification of crime
On the basis of the nature and seriousness of the offense, it is mainly classified into three parts –
There are already articles available on two of these, in this article we will understand Bailable and Non-bailable Offenses.
What is bail?
Bail is the release of an accused while the investigation or trial is on. To release the accused person from the prison, some property is deposited before the court, it is called the surety amount. This is done so that the accused person must come to the court for hearing, if he does not go for the hearing, then his deposit will be forfeited (this is called forfeiture of bail) and warrants can be issued to arrest him again.
Secondly, bail does not mean complete freedom but release with many restrictions. For example, leaving the country and traveling without permission can be obstructed, whenever necessary, you have to appear before the court or police etc.
what is Bailable offences?
According to section 2(a) of the CrPC, a bailable offense is an offense which has been declared bailable in the First Schedule to the CrPC and also in any other law in which an offense is declared bailable.
The First Schedule of CrPC is divided into two parts, in which the first part deals with all the bailable offenses discussed under the IPC and the second part deals with all the bailable offenses declared by any act or law. have been done.
The last entry of this Schedule states that all such offenses shall be of a bailable nature and shall be punished with imprisonment of either description for a term which may extend to three years or less, or shall also be liable to fine. For example you can see some of the cases below.
- Unlawful mob ( IPC Section 141)
- A rioter armed with a deadly weapon (IPC Section 148)
- Public servant disobeying law with intent to cause injury to any person (IPC Section 166)
- Giving or fabricating false evidence in judicial proceedings (IPC Section 193)
- Harassment of a gathering engaged in religious worship (IPC Section 296)
- Public nuisance (IPC Section 290) etc.
right to bail
According to section 50 of CrPC whenever a person is arrested without warrant, it is the duty of the police officer to give full details of the offense for which that person is arrested.
Further, if the offense for which the person has been arrested is bailable, it is the duty of the police to ensure that he is entitled to be released on bail.
As per Section 436 of CrPC, whenever a person accused of a bailable offense is arrested without warrant and is prepared to be granted bail, such person shall be released on bail. The discretion to decide the amount of bail will be with the court or with the competent authority.
What are non-bailable offences?
As per Section 2(a) of CrPC, non-bailable offense includes all those offenses which are not included as bailable offenses in the First Schedule. That is, all the offenses in the Schedule to the bailable offenses and the bailable offenses covered under any Act shall be non-bailable.
These are such offenses for which the offender cannot ask for bail as a matter of his right, it is up to the court to grant him bail or not. Usually bail is not given in this.
All such offenses for which the punishment is punishable with death, imprisonment for life or imprisonment for a term exceeding seven years are not bailable by the court.
Some examples of non-bailable offenses
- Murder (IPC Section 302)
- Dowry Death (IPC Section 304-B)
- Attempt to murder (IPC Section 307)
- Kidnapping (IPC Section 363)
- Rape (IPC Section 376) etc.
rights of non-bailable offense
A person who has committed an offense punishable with death or imprisonment for life may be released on bail if the person is less than sixteen years of age.
If at any stage of the investigation it appears to the court that there are reasonable grounds to believe that the person has not committed a non-bailable offence, the person may be released on bail on consideration by the court.
In tribal cases, if the trial of a person accused with a non-bailable offense is not concluded within a period of sixty days, such person shall be released on bail by the Magistrate. The condition of granting bail is that the person has to remain in custody for the entire period. If such person is not granted bail, the reason for not granting bail shall be given in writing to the Magistrate.
What is anticipatory bail?
Anticipatory bail is the direction of the court according to which a person is granted bail even before he is arrested. That is, in other words, there is no arrest at all.
If any person has apprehension that he may be arrested on the charge of non-bailable offence, he may apply for bail under section 437 or section 438 of CrPC to the High Court or Session Court.
The grant of bail will be subject to certain conditions which will be decided by the Court, usually it includes conditions such as –
1. The accused person shall, whenever required, make himself available for questioning by a police officer,
2. Do not make any indictment, threat or promise to any person so as to prevent him from disclosing any evidence to the court or any police officer,
3. Cannot leave India without the prior permission of the court.
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