What is the difference between bailable and non-bailable offences?

The difference between bailable and non-bailable offences determines whether bail is a right or a matter of the court's discretion. In a bailable offence, bail can be claimed as a right, while in a non-bailable offence, bail is granted at the discretion of the court or police.

Key points

• In a bailable offence, the accused has a right to be released on bail, and the police or court must grant it.
• In a non-bailable offence, bail is not a matter of right — the court decides based on the facts, severity, and risk factors.
• Non-bailable does not mean bail is impossible; it means it is discretionary.
• Serious offences like murder, rape, and kidnapping are typically non-bailable, while minor offences are usually bailable.
• Whether an offence is bailable is specified in the classification schedule of the criminal procedure law.

Relevant law

The classification of offences as bailable or non-bailable is set out in the First Schedule of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. Bail provisions are governed by Sections 478 to 484 of the BNSS, 2023. The nature of each offence under the Bharatiya Nyaya Sanhita (BNS), 2023 determines its category.

What you can do

• Check the classification of the specific offence you are concerned about in the BNSS First Schedule.
• For a non-bailable offence, apply for regular or anticipatory bail through a lawyer.
• For a bailable offence, insist on your right to bail at the police station or before the Magistrate.
• Consult a criminal lawyer in Mysuru to understand the bail strategy for your specific case.