Difference Between Bailable and Non Bailable Offences

Bailable and Non Bailable Offences

1. The bailable offence has been defined under section 2(a) of CrPC as “the available offences are those offences which are shown as bailable in the Schedule — I of the Code of Criminal Procedure Code, 1973.” The non bailable offence has been defined under section 2(a) of CrPC as “the non bailable offences are the offences other than bailable offences.”
2. The gravity of the offences in the bailable offences is less serious and lower as compared to non bailable offences. In the case of non bailable offences, mostly the accused get bail through the court. However, there is a provision under section 437 (4) of CrPC that empowers the police officer to grant bail while recording reasons in writing. But, in reality, the police officers do not grant bail.
3. In the bailable offences, the quantum of sentence is below or up to 3 years. Although, there are some exceptions with respect to this rule. For Example, the offence of kidnapping under section 363 of the IPC is a bailable offence but is punishable by imprisonment. In the non bailable offences, the quantum of sentence is higher as compared to punishments in the bailable offence. In non bailable offences as they are punishable with death, imprisonment which may exceed three years or seven years.
4. In the bailable offences, the bail can be granted as a matter of right. In non bailable offences, bail is not a matter of right, but rather it is a matter of the discretion of the court of law.
5. In the case of bailable offences, the bail can be granted by either the police officer or the court. In the case of non bailable offences, mostly the accused get bail through the court. However, there is a provision under section 437 (4) of CrPC that empowers the police officer to grant bail while recording reasons in writing. But, in reality, the police officers do not grant bail.
6. Refusal of bail granted in the bailable offence shall amount to wrongful confinement under section 342 of IPC. There is no offence committed if the officer or the court does not grant bail to the accused.
7. In bailable offences, the police officer can not arrest without a warrant for bailable offences. In non bailable offences, the police officer can arrest without a warrant for non bailable offences.
8. Example of bailable offences — Sections 363, 354D, 404, 417, 407, 160 of IPC. Eample of Non-bailable offences- Sections 406, 379, 379A, 376, 302, 304, 304B, 326 of IPC.

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