What is difference between bailable and non-bailable offence?

Asked by: Kristina Johnston  |  Last update: July 14, 2022
Score: 4.5/5 (11 votes)

The Code of Criminal Procedure, 1973 (hereinafter called “CrPC”) defines Bailable Offence to “mean an 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 “non-bailable offence” means any other offence.” The distinction between Bailable ...

What are bailable and non-bailable Offences?

Bailable offence means an 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. Non-Bailable Offence means any other offence. Bailable offences are regarded as less grave and less serious.

What do you mean by non-bailable offence?

Non-bailable offences are serious offences where bail is a privilege and only the courts can grant it. On being arrested and taken into custody for a serious or non-bailable crime, a person cannot ask to be released on bail as a matter of right.

What are non-bailable Offences in India?

The following are some examples from Non-bailable Offences under the Indian Penal Code.
  • Murder (S.302) IPC.
  • Dowry Death (S.304-B) IPC.
  • Attempt to murder (S.307) IPC.
  • Voluntary causing grievous hurt. ( S.326) IPC.
  • Kidnapping (S. 363) IPC.
  • Rape (S. 376) etc.

What is difference between cognizable and non cognizable offence?

Cognizable offences are those in which the police can arrest without any warrant. These are more serious in nature. Non-cognizable offences on the other hand are those for which a police officer has no authority to arrest, unless with a warrant.

BAILABLE AND NON -BAILABLE OFFENCE |LAWLECTURE #difference between bailable and nonbailable offence

43 related questions found

What is difference between NC and FIR?

FIR or First Information Report is literally the first information of a cognisable offence – as against a non-cognisable or minor offence where an NC is registered and not an FIR — that is received by a police officer who puts it down in written format.

What is difference between complaint and FIR?

A complaint may relate to a cognizable or non-cognizable offence. When a FIR is lodged, a policer officer starts with investigating the matter. Whereas, when complaint is filed no investigation is done by the police officer until directed by the competent authority.

Can I get bail in non bailable offence?

An officer- in-charge of the police station may grant bail only when there are no reasonable grounds for believing that the accused has committed a non- bailable offence or when the non-bailable offence complained of is not punishable with death or life imprisonment.

Is 420 a non bailable offence?

The offence committed under section 420 is a Cognizable as well as a Non-bailable offence. These matters are compoundable by the person cheated with the permission of the court and are triable by Magistrate of the first class.

What is a bailable?

adjective. /ˈbeɪləbl/ us. LAW. if a criminal offence is bailable, the person who has been accused of it can remain free on bail until the trial.

Which type of Offences are non-bailable?

Examples of Non-Bailable Offence
  • Rape.
  • Murder.
  • Dowry Death.
  • Attempt to murder.
  • Kidnapping.

Is IPC section 500 bailable?

Section 500 of the IPC reads as follow:

Importantly, it's a non-cognizable, bailable offence. This means that the accused can't be arrested without a warrant or permission of the court.

What are the types of bail?

Broadly speaking there are three categories of bail and they are- i] bail in bailable offences, ii] bail in non bailable offences, iii]anticipatory bail, BAIL IN BAILABLE OFFENCES, Section 436 of the Code of Criminal Procedure deals with provisions of bail in bailable offences.

Is Cheque bounce case non bailable offence?

Bail in cheque bounce is a matter of right of the accused as it's a bailable offence. So you have to give an bail application through your advocate and have to give security as per the orders of the judicial magistrate.

When can bail be Cancelled?

State of M.P (2004 13 SCC 617) where the Apex Court has held, “Bail can be cancelled on the existence of cogent and overwhelming circumstances but not on reappreciation of the facts of the case.” The reason is due to the provision of Section 362 of CrPC which bars a Court from altering or reviewing any case where a ...

How much does bail cost in India?

An anticipatory bail can cost you around Rs. 25,000 to Rs. 30,000, depending on the seriousness of your case and the skills and experience of your lawyer.

How many times can bail be applied?

Bail application once rejected can again be filed if there is any change in circumstances. There is no prohibition to file a successive bail application unless there is a change in circumstances. So as per rule of practice usually second bail application in the same court is filed after filing of chargesheet.

In what cases bail will be granted?

First, it is often granted after the arrest; Second, it is often granted to an individual who has been an undertrial prisoner for committing a non-bailable offense and; Third, a bail application also can be filed by an individual, who was convicted by the court and preferred an appeal against conviction.

What is a zero FIR?

The bench noted that the only difference between FIR and Zero FIR is that an FIR is registered where the incident had occurred within the jurisdiction of a particular Police Station, and a Zero FIR can be lodged at any Police Station irrespective of where the incident has taken place.

Can FIR be filed without evidence?

To file the FIR you did not require any document. You just need to approach the concerned police station under which jurisdiction crimes is happened. On the basis of crimes the police will decided whether it is cognizable or non cognizable offence.

What is the difference between chargesheet and FIR?

The charge sheet is to be filed within 60 days from the date of arrest of the accused in cases triable by lower courts and 90 days in cases triable by Court of Sessions. FIR is filed against a person A. But that person could not be traced and arrested for many months or even years for the offence of murder.

What is difference between DDR and FIR?

First Information Report ( FIR ) recorded by police regarding cognizable offence is referred to as FIR while the other reports recorded in daily diary register are referred as DDR.

What happens when a FIR is filed?

Once an FIR has been filed the police are legally bound to start investigating the case. The process of investigation includes, but is not limited to, collecting evidence, questioning witnesses, inspecting the crime scene, forensic testing, recording statements and so on.

Does FIR against a person means his career is finished?

Yes, if he is applying abroad, it will affect his career. However, it doesn't apply in India if you are going to engage him with any private or public industry.. Police verification is a very tedious process and it requires lot of time, which is not even properly followed in many Govt industries.