Difference between Bailable offence and Non-Bailable Offences
Bailable offences:
1. Section 2(a) Cr.P.C. defines:
“Bailable offence” means on 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;
2. Illustrations:
a. Sec. 143 IPC-Being a member of an unlawful assembly.
b. Rioting (S 147,148) IPC
c. Bribery (S. 171 E) IPC
d. Simple hurt (S.337) IPC
e. Grievous hurt. (S.338) IPC
f. Attempt to commit suicide (309) etc.
Non-bailable offences:
1. Sec.2 (a) Cr.P.C. defines:
“Non-bailable offence” means any other offence.
2. Illustrations:
a. Murder (S.302) IPC
b. Dowry Death (S.304-B) IPC
c. Attempt to murder (S.307) IPC
d. Voluntary causing grievous hurt. (S.326) IPC
e. Kidnapping (S. 363) IPC
f. Rape (S. 376) etc.
Also Read: Distinction Between Cognizable offence and Non-Cognizable Offence
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Basis of Difference
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Bailable Offence
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Non-Bailable Offence
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Provision under CrPC
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It is defined u/s 2(a) of CrPC, as an offence which is shown as bailable in the 1st schedule, or which is made bailable by any other law for the time being in force.
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It is also defined u/s 2(a) CrPC, as an any other offence than bailable.
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Intensity of Crime
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Bailable offence are considered less serious in nature.
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Whereas, Non-Bailable offence are considered more serious in nature.
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Quantum of Punishment
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As a general rule bailable offence are those in which punishment is for or less than 3 years. But there are some exceptions to this rule.
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The quantum of punishment is high in non-bailable offence which may extend to life imprisonment.
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Power to Grand Bail
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In Bailable offence, bail can be claimed as a right under section 436 of CrPC.
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Whereas, bail can’t claim as a right and court or the police officer has a discretion to grant bail after considering facts and circumstance as par each case. Provision for Non-Bailable offence is given u/s 437 of CrPC.
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Example
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Sec. 407, 160, 171E of IPC.
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Sec. 304B, 302, 376 etc. of IPC
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