What is a non-bailable offence in CrPC?
Asked by: Mr. Elmer Wiza Sr. | Last update: February 6, 2026Score: 4.3/5 (53 votes)
In the CrPC (Criminal Procedure Code), a non-bailable offence is a serious crime where bail is not a right, but a matter of judicial discretion, unlike minor offenses where bail is automatic. These offenses, such as murder, rape, or kidnapping, carry heavier punishments (usually over 3 years' imprisonment) and are deemed threats to society, requiring a court to carefully assess circumstances before granting release, with Sections 437 & 439 CrPC governing bail.
What is a non-bailable Offence under CRPC?
If, in any case triable by a Magistrate, the trial of a person accused of any non-bailable offence is not concluded within a period of sixty days from the first date fixed for taking evidence in the case, such person shall, if he is in custody during the whole of the said period, be released on bail to the satisfaction ...
What are the offenses that are not bailable?
Non-Bailable Offenses
- Murder (Article 248, Revised Penal Code)
- Rape (RA 8353 or the Anti-Rape Law of 1997)
- Plunder (RA 7080, as amended by RA 7659)
- Kidnapping for Ransom (Article 267, Revised Penal Code)
What is the difference between bailable and non-bailable cases?
Under the Code of Criminal Procedure, offences have been classified as 'bailable' and 'non-bailable' offences. In the case of bailable offences, it is binding upon the investigating officer to grant bail. However, in case of a non-bailable offence the police do not grant bail.
What are the 4 types of offenses?
Offences against person, property or state. Personal offences, fraudulent offences. Violent offences, sexual offences. Indictable/non-indictable offences etc.
bail in non-bailable offences
What are the 5 types of Offences?
Although there are many different kinds of crimes, criminal acts can generally be divided into five primary categories: crimes against a person, crimes against property, inchoate crimes, statutory crimes, and financial crimes.
What exactly is an indictable offense?
An indictable offense is a serious crime (like murder, rape, or armed robbery) that requires a formal indictment from a grand jury before it can proceed to trial, unlike less serious "summary" offenses. The term signifies a major charge, often equivalent to a felony in other places, requiring significant legal process, potentially involving a grand jury reviewing evidence, and leading to severe penalties like long prison sentences.
Can we get bail in a non-bailable offence?
In the case of bailable offences, it is binding upon the investigating officer to grant bail. However, in case of a non-bailable offence the police do not grant bail. The decision is taken by a Judicial Magistrate/Judge only.
What are examples of bailable offenses?
Common examples of bailable offenses in California include minor misdemeanors, such as simple assault, petty theft, and certain, less serious traffic violations.
Is assault bailable or non-bailable?
Some examples of bailable offences are theft, causing hurt, mischief, defamation, and simple assault.
What charges are not bondable?
Non-bondable offenses are serious crimes, such as murder, rape, kidnapping, terrorism, aggravated sexual assault, and large-scale drug trafficking, where a judge denies bail because the defendant is presumed a significant flight risk or danger to the community, often due to the severity of the potential punishment (life/death penalty) or the defendant's criminal history, requiring a court hearing to potentially set conditions for release.
What is an example of a bailable Offence?
For example, under Section 189(2) of the BNS, being a member of an unlawful assembly is considered a bailable offence. Similarly, the offence of doing obscene acts or singing obscene songs under Section 296 BNS are classified as a bailable offence.
What drugs are non bailable?
For instance, possession of 10 grams or more of opium, morphine, heroin, cocaine, marijuana resin or marijuana resin oil, ecstasy, methamphetamine hydrochloride (shabu), and other similar drugs, as specified in Section 11, paragraph 2, makes the offense non-bailable if the evidence of guilt is strong.
How to handle a non-bailable warrant?
Filing a Quashing Petition Under Section 482 of the CrPC
You can approach the High Court to quash the NBW if it was issued without just cause or in violation of procedural requirements. Grounds for quashing include: Lack of proper service of summons. Errors in judicial procedure during the issuance of the warrant.
What are non bailable charges?
On the contrary, a non-bailable offence denotes a crime for which bail is not automatically granted, and the accused must face the court to seek bail approval. These offences, such as murder, rape, or human trafficking, are generally serious in nature.
How to identify cognizable and non-cognizable offences?
Cognizable offences can be registered and investigated by the police without a warrant, while non-cognizable offences require a warrant from the court. Cognizable offences are typically serious in nature, often involving grave offences such as murder, rape, or kidnapping.
What is an example of a non-bailable offence?
Common Examples of Non-Bailable Offences
Attempt to Murder (Section 307 IPC/Section 109 BNS) - Taking steps toward killing someone. Rape (Section 376 IPC/Section 70 BNS) - Sexual assault without consent. Dowry Death (Section 304B IPC) - Death of a woman due to dowry-related harassment.
Why would someone be not bailable?
Capital offenses are the most common type of non-bailable offense, but other serious crimes like kidnapping or terrorism may also be considered bailable offenses.
What are the three types of offenses?
The three main types of criminal offenses, classified by severity, are infractions, misdemeanors, and felonies, with infractions being minor (fines), misdemeanors moderate (jail time, fines), and felonies the most serious (long prison terms, significant fines). Alternatively, some legal systems categorize offenses by procedure as summary, hybrid, and indictable, while the FBI categorizes crimes by type of harm (person, property, society).
What crimes can you not get bail for?
California law prohibits bail altogether for some offenses. For example, capital offenses like first-degree murder with special circumstances often do not allow bail.
What is the difference between bailable and non-bailable?
For bailable offenses, the accused can be released on bail without going through a court trial. In non-bailable offenses, the accused must attend court proceedings and apply for bail in front of a judge. In bailable offenses, the court has the discretion to grant or deny bail based on the circumstances.
Can I bail someone out without a bail bond?
It is possible to bail someone out of jail without having to pay any money. This is done through something called an "O.R." release. An “O.R.” release means that the court agrees to let you out of custody on your own recognizance without the need to post bail.
How long does an indictable offence stay on record?
These crimes stay on your record indefinitely unless specific actions are taken to remove them. The process of expunging or sealing a felony is often more complex and may have stricter eligibility criteria, including the nature of the offense and the amount of time that has passed since it occurred.
What is the most serious indictable offence?
These encompass severe crimes like murder, sexual assault, and major drug offenses. The Criminal Procedure Act 1986 and Crimes Act 1900 categorize offences, with strictly indictable offences mandatorily processed in higher courts. Trials for these offences often involve juries, unless a judge-alone trial is elected.
Who decides if a case is indictable?
Lesson Summary
The process of indicting an individual is as follows: the person commits the indictable offense, the prosecution presents evidence in front of a grand jury without the defense present, and the grand jury decides whether or not to indict.