The legal structure of any country provides the classification of crimes according to severity, one such classification being between bailable and non-bailable offences. In a country's legal system, it has been considered vitally important for determining an accused's liberty pending trial. The Code of Criminal Procedure in India provides provisions regarding bail and its applicability to different categories of offences. This article outlines the meaning, features and key differences between bailable and non-bailable offences, and significant judgements defining these terms.
An offence is an act or omission that has been made punishable by law. Keeping in view the nature of punishment and its weight, offences under the Indian Penal Code are generally classified as bailable and non-bailable offences. In this regard, the classification does make a difference in the legal process of securing bail. Bail is being allowed to come out of custody temporarily with some measures, subject to the continued criminal case process within an accused person. An offensive nature decides whether bail is easily granted or with a more stringent judicial process.
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What are Bailable Offences?
It is that offence in which the accused has a right to bail. According to Section 2(a) of the CrPC, bail is deemed to be granted, and no judicial discretion or court hearing is necessary. These offences are considered not so serious, and the accused does not pose much danger to society generally.
Characteristics of Bailable Offences:
Right to Bail: The accused may file for bail as a matter of right, and the bail has to be provided.
Nature of Offence: These are generally minor or not very serious and, therefore, cannot attack society.
Granting Authority: A police officer in charge or even a magistrate could grant the bail. It is not necessary to have the court's approval for releasing the bail.
Examples of offences: Defamation, public nuisance, or even petty theft, etc. are bailable offences.
Punishment: These crimes normally attract relatively short terms of imprisonment of less than 3 years and/or monetary fines.
Simplified Procedure: The procedure for availing bail is simple, and as a rule, it takes place at the police station level.
Miniminal Judicial Discretion: There is no need for judicial discretion; after availing of bail, the accused is released from jail.
Non-Bailable Offence
A non-bailable offence is one where bail is not a guaranteed right of the accused. According to Section 437 of CrPC, it shall be at the discretion of the court dealing with such accused whether to grant bail or not, in consideration of the circumstances of the case and for reasons to be recorded. Normally a non-bailable offence is held to be more serious, and the accused has a greater menace to society.
Characteristics of Non-Bailable Offences:
Bail at the Whim of Court: Bail can be granted by the court since it solely depends upon the case.
Seriousness of Offence: Such offences are serious in nature since they relate to causing injuries to persons or society.
Court Involvement: The discretion to grant bail can only be bestowed on a magistrate or for higher courts after proper and detailed examination.
Examples of Offences: Murder, rape, kidnapping, and robbery are on the list of offences that have no 'bail'.
Punishment: The sentence given is very severe. Mostly for murder, a long prison term, imprisonment for life, and execution in some cases are given.
Complex Process: Getting bail requires a very lengthy judicial procedure by considering all pleadings of defence as well as prosecution.
Risk to Society: There is a threat to society or there is potential to alter evidence, so the accused, who are held in non-bailable offences, may affect the decision of the court in granting bail.
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Detailed Difference Between Bailable and Non-Bailable Offences
The right to bail is the first and foremost difference between bailable and non-bailable offences. In bailable offences, the accused is entitled to a right to get bail, whereas in non-bailable offences, bail is only at the discretion of the judge. Let's differentiate the same in detail:
1. Nature of the Offence:
Bailable Offences: Less serious crimes and lesser punishment usually characterize bailable offences. Theft, defamation, or causing public nuisance are some of the examples.
Non-bailable Offences: They cover such offences as murder, rape, or serious acts of economic crime like corruption that threaten life or property.
2. Judicial Discretion
Bailable Offences: In bailable offences, the police station head may release the accused after acceptance of the appropriate bail amount or bond. No discretion is necessary because the law requires the accused to be allowed bail.
Non-bailable Offences: In cases of non-bailable offences, the court will thoroughly investigate the case before making an order to allow or deny bail. Some factors are considered in this stage, including the nature of the offence, the evidence presented, the possibility of the accused fleeing, and whether they would tamper with the evidence or become a risk to the public.
3. Punishment associated
Bailable Offences: Bailable offences would normally have lighter penalties, usually imprisonment for less than three years or a fine. A classic case would be simple assault or cheating involving money below a certain amount.
Non-bailable Offences: Non-bailable offences normally include much more severe punishment. Sometimes the punishments go beyond the three-year mark and, in extreme cases, extend to imprisonment until death or even capital punishment. Some examples would include homicide, abduction, or serious fraud related to money and finance.
4. Ease of Process
Bailable Offences: In bailable offences, the process of getting bail is easy and formal. The accused will only be required to give the mandatory sureties or meet the conditions required for the bail, and he might be released immediately.
Non-bailable Offences: In non-bailable offences, the process is much more complicated. The application for bail has to be filed before the court by the accused, and a well-argued defence is required for their release. Usually, the prosecution opposes such applications by stating that the seriousness of the crime requires the accused to stay behind bars.
5. Power to Grant Bail:
Bailable Offences: In bailable offences, bail can be granted by the policeman in charge of the station or by a magistrate. There is no long process in court.
Non-bailable Offences: In non-bailable offences, bail is granted by the court and sometimes not by the lower courts, depending on the seriousness of the offence.
Landmark Judgements in Bailable vs. Non Bailable Offences
State of Rajasthan vs. Balchand 1977 AIR 2447:
This case held a landmark judgement regarding bail in respect of non-bailable offences. Here the Supreme Court discovered that when the accused is not likely to hinder investigation, escape, and destroy evidence, the rule is definitely bail and not jail.
Sanjay Chandra vs. CBI (2012) 1 SCC 40:
This was the first time in India's jurisprudence wherein non-bailable offences were dealt with. The court held that it is a constitutional right to get bail and that a man should only be detained on finding reasonable cause for thinking him otherwise than innocent, so in the present case, the Supreme Court granted bail to Sanjay Chandra, who had been accused of having committed a crime in the 2G spectrum scam, as there was no likelihood of tampering with evidence.
Gudikanti Narasimhulu vs. Public Prosecutor (1978 AIR 429):
This judgement consolidated that the grant of bail in non-bailable offences has to be considered as also dependent on the danger factors such as flight and potential danger to public safety.
Niranjan Singh vs. Prabhakar Rajaram Kharote (1980 AIR 785):
On these facts, the Supreme Court held that the discretion to grant bail in cases of non-bailable offences has to be exercised judiciously without being moved by the seriousness of the offence. The balance between public interest and the liberty of the individual is weighed out by courts.
Conclusion
Among many ramifications, the distinction between bailable and non-bailable offences defines the standard criminal law of India. And where charges of bailable offences are made, the accused would gain the right to secure bail regularly, whereas charges for non-bailable offences require judicial discretion and scrutiny. This helps protect the rights of the accused while also considering public safety. Over time, important court decisions have looked at personal freedom and how bail rules should be applied, even for serious crimes. Understanding these differences is very important for anyone involved in legal issues or who wants to know how India's criminal justice system works.
Difference Between Bailable and Non-Bailable Offences FAQs
1. What is a bailable offence?
It is a minor offence and, in the eyes of the law, not grave enough to deprive an accused of his right to secure bail from either the police or the court.
2. What is a non-bailable offence?
It is a serious offence, and in itself, bail is not even considered a matter of right but is purely discretionary on the court's part.
3. What are bailable and non-bailable offences?
Bailable offences include petty theft and defamation, while non-bailable offences include murder, rape, and kidnapping.
4. What is the sentence for a non-bailable crime?
Non-bailable crime ordinarily attracts a very harsh sentence, which may even be the death sentence or life imprisonment depending on the nature of the crime.
5. Is bail denied for bailable offences?
No, the accused holds a statutory right to obtain bail for bailable offences and cannot be denied if the conditions are fulfilled.
6. How does the court grant bail in a non-bailable offence?
The court takes factors like the seriousness of the offence, previous criminal records of the accused, the risk of destroying the evidence, and flight risk before arriving at a decision.
