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;
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2. Illustrations:
a. Sec. 143 IPC-Being a member of an unlawful assembly.
b. Rioting (S 147,148) IPC
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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.
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3. Punishment:
Punishment for bailable offence is smaller than the punishment for non-bailable offence. Generally imprisonment less than 3 years or fine or both.
4. Section 436 Cr.P.C. is applicable for granting the bail.
5. Anticipatory bail is not necessary and applicable.
6. In bailable offence, bail is claimed as a right, and the Courts also will give the bail liberally.
7. Generally the Judicial First Class Magistrate is empowered to try the cases of bailable and non-bailable offences.
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.
3. Punishment:
Punishment for non-bailable offences is severe than the punishment for bailable offences.
Generally imprisonment more than three years and fine, even death or life imprisonment.
4. Sec. 437 Cr.P.C. is applicable for granting the bail.
5. Anticipatory bail can be granted in the non- bailable offences only by the Court of Session or by the High Court.
6. In non-bailable offences, the Courts use their discretionary power, and depending upon the circumstances of the case they use to grant the bail.
7. Generally, the Additional Sessions Judge or Sessions Judge is empowered to try the cases.
