Bailable and Non-Bailable Offences
Bailable vs. Non-Bailable Offences
The BNSS, 2023 classifies offences into two main categories, which fundamentally determine whether an accused person can be released from custody as a matter of right or at the discretion of the court.
Bailable Offences
In these less-serious offences, bail is a **right**, not a favor. The process is mandatory and straightforward. These offences are generally punishable with imprisonment of **less than 3 years** or a fine only.
The “Bail as a Right” Process (Sec 478)
1. Arrest or Appearance
Person is arrested for a bailable offence.
2. Furnish Bail Bond
Accused is prepared to provide a surety or bond.
3. Mandatory Release
The Police (SHO) or Court **must** grant bail.
Non-Bailable Offences
For serious offences, bail is a **privilege** granted at the **court’s discretion**. The process involves a formal hearing. These are punishable with **3 years or more**, life imprisonment, or death.
The “Bail as Discretion” Process (Sec 480)
1. Arrest & Court Appearance
Person is arrested and brought before the Court.
2. Bail Application Filed
The accused applies for bail.
3. Judicial Discretion
Court hears arguments and weighs factors: gravity of crime, flight risk, evidence tampering risk.
Bail Denied
Bail Granted
When Bail is Usually Refused (Sec 480)
Even in non-bailable cases, the court has discretion. However, bail is generally **not** granted if there are reasonable grounds to believe the accused is guilty of an offence with these conditions:
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Offence Punishable by Death or Life Imprisonment
The most serious category of crimes where bail is highly restricted.
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Previous Serious Conviction
Previously convicted of an offence punishable by death, life, or imprisonment for **7 years or more**.
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Habitual Offender
Previously convicted on **two or more occasions** of a cognizable offence punishable by 3 years or more.
Major Change: Relief for Undertrials (Sec 479)
Section 479 introduces a major reform for undertrial prisoners (those awaiting trial). It mandates their release on bond after they have served a portion of their potential sentence, with special provisions for first-time offenders.
Mandatory release after serving this portion of the *maximum* possible sentence. This does not apply to offences punishable by death/life or if the person has multiple pending cases.
New Non-Bailable Offences
The BNS has also defined new, serious offences that are explicitly classified as **non-bailable** due to their gravity.
Snatching (Sec 304 BNS)
Previously often treated as theft, “Snatching” is now a distinct and serious non-bailable offence, reflecting the public danger and force involved.
Organized Crime (Sec 111 BNS)
A new category for offences committed by criminal syndicates. These are strictly non-bailable to tackle systemic criminal activity.
At a Glance: Bailable vs. Non-Bailable
| Feature | Bailable Offence | Non-Bailable Offence |
|---|---|---|
| Concept | Right to be released. | Privilege/Discretion of the Court. |
| BNSS Section | Section 478 | Section 480 |
| Who Grants Bail? | Police Officer or Court. | Court (Magistrate/Judge). |
| When Granted? | Immediately upon arrest/surrender. | After a hearing and application. |
| Severity | Less serious (Usually < 3 years jail). | Serious (Usually > 3 years, Life, Death). |
| Conditions | Minimal (Bond/Surety). | Strict (e.g., Surrendering passport). |
