Difference Between Bailable and Non-Bailable Offenses in India 2025

Arrested or fear of arrest? The first question is: Is it bailable or non-bailable offense?

This determines whether you can get bail easily or have to convince the court. Understanding this difference can be crucial in protecting your freedom.

What is a Bailable Offense?

Bailable offense = Less serious crime where accused has RIGHT to bail.

Police or court MUST grant bail if person requests it.

Characteristics:

• Less serious crimes

• Punishment usually less than 3 years

• Bail is a right, not discretion

• Can be released on bail bond

• Police can't arrest without warrant (in most cases)

Examples of Bailable Offenses:

✓ Simple hurt (causing minor injury)✓ Assault without grievous hurt✓ Public nuisance✓ Defamation✓ Theft under ₹5,000✓ Cheating under certain amount✓ Criminal trespass✓ Forgery (some types)✓ Rash driving (causing minor damage)✓ Public intoxication✓ Rioting without weapons

What is a Non-Bailable Offense?

Non-bailable offense = Serious crime where bail is NOT automatic right.

Court has discretion whether to grant bail or not.

Characteristics:

• Serious crimes

• Punishment 3 years or more

• Bail is court's discretion

• Must convince court

• Police can arrest without warrant

• Investigation may require custody

Examples of Non-Bailable Offenses:

✓ Murder✓ Rape✓ Kidnapping✓ Robbery✓ Dowry death✓ Attempt to murder✓ Dacoity✓ Terrorism✓ Drug trafficking✓ Corruption (certain cases)✓ Economic offenses (serious frauds)✓ Causing grievous hurt✓ Criminal breach of trust (large amount)✓ Cheating (large amounts)

Key Differences:

Aspect	Bailable Offense	Non-Bailable Offense
Severity	Less serious	Very serious
Bail	Right - must be granted	Discretion - court decides
Arrest	Usually with warrant	Without warrant possible
Who grants bail	Police or Magistrate	Magistrate/Sessions Court/High Court
Application	Oral or simple	Detailed application needed
Procedure	Simple	Complex
Time in custody	Very short	Can be months/years
Investigation	Easier bail during	Difficult bail during investigation
Examples	Defamation, simple theft	Murder, rape, kidnapping

Cognizable vs Non-Cognizable (Related Concept):

Different from bailable/non-bailable!

Cognizable offense:

• Police can arrest WITHOUT warrant

• FIR registered

• Police can investigate on their own

Non-cognizable offense:

• Police need warrant to arrest

• No FIR, only complaint

• Need magistrate's permission to investigate

Overlap:

• Most non-bailable offenses are cognizable

• Most bailable offenses are non-cognizable

• But not always! Some exceptions exist

Example combinations:

• Murder: Non-bailable + Cognizable

• Defamation: Bailable + Non-cognizable

• Kidnapping: Non-bailable + Cognizable

• Simple hurt: Bailable + Non-cognizable

Bail Process for Bailable Offenses:

Very Simple:

Step 1: Request bail (oral or written)

Step 2: Execute bail bond

• Promise to appear in court

• Amount specified (₹5,000-₹50,000 usually)

• Personal bond or surety

Step 3: Released immediately

Bail can be granted by:

• Police station (before FIR)

• Magistrate (any time)

Time: Few hours to 1 day

No need to prove anything - it's your right!

Bail Process for Non-Bailable Offenses:

Complex Process:

Step 1: File bail application

• In Magistrate/Sessions Court/High Court

• Detailed written application

• Through lawyer (essential)

Step 2: Court hearing

• Public prosecutor opposes (usually)

• Your lawyer argues

• Court evaluates case

Step 3: Court's decision Based on:

• Nature of offense

• Evidence

• Risk of fleeing

• Previous record

• Other factors

Step 4: If granted

• Execute bail bond

• Furnish surety

• Comply with conditions

• Released

Time: Days to months

Must convince court why bail should be granted.

When is Bail Granted in Non-Bailable Offenses?

Court considers:

✅ Not a heinous crime (like economic offense vs murder)✅ Weak evidence against accused✅ Long investigation/trial expected✅ Accused has roots in community (family, job, property)✅ No risk of fleeing✅ No risk of tampering evidence✅ No threat to witnesses✅ First-time offender✅ Medical grounds (serious illness)✅ Already spent significant time in custody✅ Accused is woman (liberal bail)✅ Accused is minor/juvenile✅ Accused is senior citizen✅ Delay in trial (right to speedy trial)

When is Bail Refused in Non-Bailable Offenses?

❌ Heinous crime (rape, murder, terrorism)❌ Strong evidence against accused❌ Risk of fleeing (no fixed address, passport issues)❌ May tamper evidence❌ May threaten witnesses❌ May commit more crimes❌ Previous criminal record❌ Investigation at crucial stage❌ Public interest requires custody❌ Victim's safety at risk

Special Categories:

1. Women:

• Liberal bail policy

• Preferential treatment

• Health and children considered

• Usually not kept in custody unless very serious offense

2. Senior Citizens (60+ years):

• Liberal approach

• Health grounds weigh heavily

• Often granted bail on humanitarian grounds

3. Juveniles (under 18):

• Different law (Juvenile Justice Act)

• Almost always released

• To parents/guardians

• Rare cases of custody

4. First-time Offenders:

• Better chance of bail

• Shown more leniency

• Unless offense is very serious

5. Undertrial Prisoners:

• If spent long time without trial

• May get bail on grounds of delay

• Right to speedy trial

Anticipatory Bail (For Non-Bailable Offenses):

Special provision for non-bailable offenses.

What is it?

• Bail BEFORE arrest

• Protection from arrest

• Sections 482-483 BNSS (earlier Section 438 CrPC)

Who can apply?

• Person who fears arrest in non-bailable offense

Where to apply?

• Sessions Court

• High Court

If granted:

• Person gets protection from arrest, OR

• If arrested, immediate bail

Conditions usually imposed:

• Join investigation when called

• Don't leave city/state

• Surrender passport

• Not tamper evidence

• Cooperate with police

Important for: False cases, business disputes turning criminal, politically motivated cases

Punishment and Bail Relationship:

General principle:

Offense with punishment less than 7 years:

• Bail usually granted (unless special reasons)

Offense with punishment 7+ years or life:

• Bail difficult (but not impossible)

Capital punishment (death penalty):

• Bail very rare

• Only in exceptional circumstances

Schedule I of BNSS (Bharatiya Nagarik Suraksha Sanhita):

Lists all offenses with details:

• Offense description

• Punishment

• Whether cognizable or non-cognizable

• Whether bailable or non-bailable

• Which court can try

How to check:

1. Find offense name

2. Check column for "bailable/non-bailable"

3. Check punishment

Example:

Offense	Punishment	Cognizable	Bailable	Triable by
Defamation	2 years + fine	Non-cognizable	Bailable	Magistrate
Murder	Death or life imprisonment	Cognizable	Non-bailable	Sessions Court
Theft	3 years + fine	Cognizable	Non-bailable	Magistrate

Bail Conditions (Usually Imposed):

For both types, but stricter for non-bailable:

✓ Personal bond (promise to appear)✓ Surety (one or two persons guarantee)✓ Surrender passport✓ Not leave city/state without permission✓ Attend all court dates✓ Not contact witnesses✓ Not tamper evidence✓ Not commit any offense✓ Report to police station periodically (for serious cases)✓ Deposit certain amount (in some cases)

Violating conditions = Bail cancelled = Back to jail!

Bail Amount:

Bailable offenses:

• ₹5,000 to ₹50,000 usually

• Depends on offense

Non-bailable offenses:

• ₹10,000 to ₹10 lakh or more

• Based on severity

• Court's discretion

Amount is not paid upfront - It's a bond (promise). Only forfeited if you abscond.

What is Bail Bond?

Legal document stating:

• Accused promises to appear in court

• If doesn't appear, will forfeit specified amount

• Signed by accused

• Signed by sureties

Personal Bond: Only accused signs (for smaller offenses)

Surety Bond: Third party guarantees (for serious offenses)

Surety requirements:

• Must own property OR

• Have fixed deposit matching bail amount

• Must provide property documents

• Sign undertaking

Default Bail (Statutory Bail):

Special right for non-bailable offenses!

If police don't file chargesheet within:

• 60 days (for offenses with punishment less than 10 years), OR

• 90 days (for offenses with 10+ years or death)

Accused gets AUTOMATIC bail!

How to claim:

• File application in Magistrate Court

• Show chargesheet not filed in time

• Court MUST grant bail

Many undertrials don't know this right!

Bail Cancellation:

Bail (whether bailable or non-bailable) can be cancelled if:

❌ Don't attend court hearings (absconding)❌ Commit another offense❌ Threaten witnesses❌ Tamper with evidence❌ Violate bail conditions❌ Leave city/country without permission

Result: Non-bailable warrant issued, arrested again

Common Questions:

Q1: Can I get bail if charged with multiple offenses (some bailable, some non-bailable)?

A: Depends on most serious offense. If one offense is non-bailable, treated as non-bailable case overall.

Q2: Does paying money guarantee bail?

A: No! Bail is not "buying freedom." It's a legal process. Money is just security.

Q3: Can I be denied bail in bailable offense?

A: Technically no - it's a right. But in practice, if you don't provide proper surety or bond, can be delayed.

Q4: Once bail granted, can it never be taken back?

A: No! Bail can be cancelled if conditions violated.

Q5: Is bail different for economic offenses?

A: Yes. PMLA (money laundering), serious frauds have strict bail conditions. Very difficult to get bail.

Recent Supreme Court Guidelines (2024):

"Bail is rule, jail is exception"

SC emphasized:

• Bail should be norm, not exception

• Undertrial can't be kept longer than maximum sentence

• Bail consideration must be humane

• Socio-economic status shouldn't deny bail

• Free legal aid must be provided

But for heinous crimes, still strict approach.

Tips If Arrested:

For Bailable Offense: ✓ Don't panic - bail is your right✓ Request bail immediately✓ Arrange surety/bond quickly✓ You'll be out in hours

For Non-Bailable Offense: ✓ Contact lawyer IMMEDIATELY✓ Don't make any statements without lawyer✓ Cooperate with police (but know your rights)✓ Apply for bail at earliest✓ Be patient - may take days/weeks✓ Consider anticipatory bail if time permits

Real Examples:

Case 1 - Bailable: Ramesh had altercation, minor scuffle (simple hurt). Police arrested. He requested bail at police station itself. Executed personal bond of ₹10,000. Released in 3 hours.

Case 2 - Non-Bailable: Priya accused in cheating case (₹50 lakh). Non-bailable offense. Filed bail application in Sessions Court through lawyer. After 3 hearings over 2 weeks, bail granted on ₹5 lakh surety with conditions: surrender passport, report to police weekly.

Case 3 - Default Bail: Vijay arrested in fraud case (non-bailable). Police couldn't file chargesheet in 60 days. Vijay's lawyer filed default bail application. Magistrate granted automatic bail. Released after 70 days in custody.

Conclusion:

Understanding bailable vs non-bailable is crucial:

• Know your offense type

• Know your rights

• Act accordingly

• Get proper legal help

Remember:

• Bailable = Bail is right

• Non-bailable = Must convince court

• But neither means permanent jail - bail is possible in both!

Facing arrest? Know your offense type and act fast. Contact lawyer immediately!