Bailable vs Non-Bailable Offence: Key Differences

On the basis of whether an accused individual is entitled to be released on a bail while awaiting trial, two types of crimes persist in India, namely, bailable and non-bailable offences. Both these offences are governed by Bharatiya Nagarik Suraksha Sanhita (BNSS). In this blog post, we will explore the meaning of bailable and non-bailable offences in India. 

About Bharatiya Nagarik Sanhita Law

The Bharatiya Nagarik Suraksha Sanhita (BNSS) is a new legislation which came into force on July 1, 2024. BNSS is the primary legislation governing the process for administering substantive criminal law in India. The Criminal Procedure Code (CrPC) of 1973 was superseded by this new law. 

The goal of the BNSS is to make the legal system more effective and focused on the needs of the public. Both the bailable and non-bailable offences are governed by this legislation. Moreover, it covers more offences compared to CrPC, such as cybercrime and financial fraud. 

What is a Bailable Offence?

A bailable offence is an offence in which the accused is entitled to bail. If the police are willing to provide bail while the accused is in their custody, then they must release the accused on bail. Unless there are strong grounds to refuse it, bail ought to be granted. Some examples of bailable offences include minor traffic violations, defamation, and simple assault.

What is a Non Bailable Offence?

An offence for which the accused does not automatically qualify for bail is considered as a non-bailable offence. For offences that are not subject to bail, the police do not accept bail. In non-bailable offences, bail is only granted by the court. The BNSS’s first schedule lists the offences for which there is no bail.

Non-bailable offences carry a sentence of three years or more in jail and are regarded as more serious in nature. Among the crimes for which bail is not applicable are murder, rape, dacoity, and kidnapping. 

Difference between Bailable Offence and Non-Bailable Offence

The difference between bailable offence and non-bailable offence can be understood throughout the following points:

• If an accused has committed a bailable offence, they have the right to bail. However, if they have committed a non-bailable offence, only a Judicial Magistrate or Judge can grant them a bail. 
• For a bailable offence, the investigating officer has the power to grant the bail given that the accused meets certain conditions. However, the police cannot grant bail in case of a non-bailable offence.
• The court decides how long an accused must remain in custody before they can file for bail in case of a non-bailable offence.
• In terms of severity of crime, bailable offences are considered as less serious than non-bailable offences.
• Strong witnesses and concrete evidence is required for non-bailable offence cases as opposed to bailable offences.
• Accused can usually get little or no punishment for bailable offences. However, non-bailable offences can involve life imprisonment or death penalty.

List of Bailable and Non Bailable Offences

The following list states some bailable and non bailable offences in India:

Source: Bharatiya Nagarik Suraksha Sanhita

Conclusion

In a nutshell, bailable offences and non-bailable offences have major differences between them. A bailable offence, such as defamation, is considered less serious and the police have the power to grant bail to the accused. However, when we talk about non-bailable offence, like murder or rape, only the court can make a decision regarding bail. 

The BNSS law contains provisions for governing bailable and non-bailable offences in India. While bailable offence has little or no punishment, non-bailable offence can lead to lifetime imprisonment or even death sentence for the accused. For having a better understanding of the legal system in India, both these offences and their legal repercussions must be carefully understood.

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