Offences Are Categorized As Either Bailable Or Non-bailable

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Offences Are Categorized As Either Bailable Or Non-bailable

IPC
Sourav
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April 14, 2023

offences are categorized as either bailable or non-bailable. This categorization is significant as it determines whether an accused person can be granted bail or not. Let’s take a closer look at the difference between bailable and non-bailable offences in India, with examples of each.

Bailable Offences: Bailable offences are those where bail can be granted as a matter of right to the accused person. In other words, an accused person is entitled to be released on bail after being arrested without having to wait for a bail hearing. Some examples of bailable offences are:

1. Simple assault

2. Theft

3. Cheating

4. Trespassing

5. Mischief causing damage to property

6. Giving false evidence

7. Attempt to commit an offence that is bailable

And many more ..

In these cases, the accused person can be released on bail by the police station in charge or at the police station itself, and they don’t have to approach a court for the same.

Non-bailable Offences: Non-bailable offences are those where bail is not a matter of right, and the accused person cannot be released on bail unless the court decides to grant it. The court has the discretion to grant bail based on the facts and circumstances of each case. Some examples of non-bailable offences are:

1. Murder

2. Attempt to murder

3. Kidnapping for ransom

4. Rape

5. Dowry death

6. Terrorism

7. Drug trafficking

And many more …

In these cases, the accused person must approach a court to seek bail. The court will consider several factors such as the nature of the offence, the severity of the punishment, the accused person’s criminal history, and the likelihood of them tampering with evidence or fleeing from justice before deciding whether to grant bail or not.

It is important to note that even if an offence is non-bailable, bail can still be granted if the court is satisfied that there are compelling reasons to do so. For example, if the accused person is a first-time offender, has cooperated with the investigation, and has a strong alibi, the court may be inclined to grant bail.

In conclusion, the difference between bailable and non-bailable offences in India is significant, as it determines whether an accused person can be released on bail or not. While bailable offences allow for easy release on bail, non-bailable offences require a court hearing and involve a more complex bail application process. It is always advisable to consult with an experienced lawyer to understand the specific nuances of the bail application process.

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Offences Are Categorized As Either Bailable Or Non-bailable