Understanding the difference between bailable and non-bailable offences

Understanding the difference between bailable and non-bailable offences

Ever wondered how Salman Khan was making movies while he was accused of poaching an endangered animal which is a Non-bailable offence?

There are a few misconceptions about what exactly is a non-bailable offence.

[1] Two categories of criminal offences exist under the Indian legal system: Bailable and non-bailable offences.

[2] In simple terms, bail is a legal provision that allows a person to be released from custody while their case is pending trial.

[3] Bailable offences are the types of criminal offences for which bail is a matter of right.

[4] This means that if a person is arrested for a bailable offence, they can be released on bail by paying a certain amount of money (called a bail bond) to the police or the court.

[5] Some examples of bailable offences include Minor assault, Drunken driving, Theft of property worth less than Rs. 50,000.

[6] Non-bailable offences are the types of criminal offences for which bail is not a matter of right. This means that if a person is arrested for a non-bailable offence, they cannot be released on bail as a matter of right.

[7] But they can however approach the court to seek bail, and the court will consider various factors before deciding whether to grant bail or not.

[8] This means that even those accused of Non-bailable can obtain bail, but it would be upto the discretion of the court, rather than a matter of right of the accused.

[9] Some examples of non-bailable offences include Murder, Rape, Kidnapping, Offences under the Narcotic Drugs and Psychotropic Substances Act

[10] So when any person is accused of a criminal offence, the offence being bailable/non-bailable, can end up being more significant than the maximum punishment for the offence which will be handed only after the trial is complete and dependant on evidence.

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