The Key Differences: Bailable vs. Non-Bailable Offences Explained
The difference between bailable and non-bailable offences under the Indian Penal Code (IPC) is:
Bailable offences: These are offences for which the accused has the right to bail as a matter of course. The police officer who arrests the accused must release them on bail on their furnishing security, unless the police officer has reason to believe that the accused will abscond or interfere with the investigation.
Non-bailable offences: These are offences for which the accused does not have an absolute right to bail. The court has the discretion to grant or deny bail, depending on the facts and circumstances of the case.
The First Schedule to the Code of Criminal Procedure, 1973 (CrPC) lists all bailable offences. All other offences are non-bailable. Some examples of bailable offences are:
- Theft of property not exceeding Rs. 5000
- Assault
- Simple defamation
- Criminal trespass
Some examples of non-bailable offences are:
- Murder
- Rape
- Kidnapping
- Dacoity
- Terrorism
The court will consider a number of factors when deciding whether to grant bail in a non-bailable offence, including:
- The nature and gravity of the offence
- The likelihood of the accused absconding
- The likelihood of the accused interfering with the investigation
- The likelihood of the accused committing further offences
- The accused's criminal history
- The accused's health and age
The court will also balance the accused's right to liberty with the interests of society.
It is important to note that the right to bail is a fundamental right guaranteed under Article 21 of the Constitution of India. However, this right is not absolute and can be restricted in certain circumstances.