BAILABLE AND NON-BAILABLE OFFENCES

Bailable offence is one where the defendant (the one who is defending himself in a criminal case) may be able to secure his release upon the payment of bail. These are the cases where the grant of bail is a matter of course and right.

If a person is held under a non-bailable offence, he cannot claim the grant of bail as a matter of right. But the law gives special consideration in favor of granting bail where the accused is under sixteen, a woman, sick or infirm, or if the court is satisfied that it is just and proper for any other special reason to give rather than refuse bail.

BAILABLE OFFENCES	NON-BAILABLE OFFENCE
Bailable offence means an 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.	Non-Bailable Offence means any other offence.
Bailable offences are regarded as less grave and less serious.	Bailable offences are grave and serious offences, For example- offence of murder.
Under bailable offences, bail is claimed as a matter of right.	Under Non-bailable offences, bail is a matter of discretion.

 

List of Offences

Section	Offence	Bailable/Non -bailable	Punishment
107	Abetment	Depends on the offence.	Depends on the offence.
120B	Criminal conspiracy to commit an offence punishable with death	Depends on the offence. E.g. for Punishment for murder, Non-bailable.	Depends on the offence.
121	Waging or attempting to wage war, or abetting the waging of war, against the Government of India	Non-bailable.	Imprisonment for life or imprisonment upto 10 years along  with fine.
124A	Sedition.	Non-bailable.	Imprisonment for life and fine or Imprisonment for 3 years and fine or fine.
131	Abetting mutiny or attempting to seduce a soldier, sailor or airman	Non-bailable-	Imprisonment for life or 10 years with fine.
140	Wearing soldier’s garb, sailor, airman	Bailable.	Imprisonment for 3 months along with 500.
144	Punishment for unlawful assembly	Bailable.	Imprisonment for 6 months with fine.
154	Owner or occupier of land on which unlawful assembly is held	Bailable.-	INR 1000 fine.
158	Being hired to be part of unlawful assembly or riot	Bailable-	Imprisonment for  6 months up to 2 yrs along with fine.
166A	Public servant disobeying direction under law	Bailable-	Imprisonment for 6 months up to 2 yrs
167	Public servant framing incorrect document	Bailable-	Imprisonment for 3 years and fine

 

172	Absconding to avoid service of summons	Non bailable-	Imprisonment for 1 month  or fine INR 1000
177	Furnishing false information	Bailable.	Imprisonment for 6 months and fine INR, 1000.
181	False statement on oath to public servants	Bailable.	Imprisonment for 3 years along with fine.
186	Disobedience to order duly promulgated by public servant	Bailable.	Imprisonment for 3 months and fine of INR 500.
189	Threat of injury to public servant	Bailable.	Imprisonment for 2 years along with fine.
191	Giving false evidence	Bailable.	Imprisonment for seven years along with fine.
195A	Threatening any person to give false evidence	Bailable	Imprisonment for seven years along with fine
203	Giving false information respecting an offence	Bailable.	Imprisonment for two years along with fine.
210	Fraudulently making false claim in court	Bailable.	Imprisonment for two years along with fine.
213	Taking gift, to screen an offender from punishment	Bailable..	Imprisonment for three to seven  years  along with fine.
223	Escape from confinement or custody negligently suffered by public servant	Bailable.	Imprisonment for two years along with fine.
228	Intentionally insult or interruption to public servant sitting in judicial proceeding	Bailable.	Imprisonment for 6 months along with fine of INR 1000.
232	Counterfeiting Indian coin	Non bailable.	Imprisonment for life or 10 years with fine-
238	Import or export of counterfeiting Indian coin	Non bailable-	Imprisonment for life or 10 years with fine-
246	Fraudulently diminishing weight of coin	Non bailable-	Imprisonment for 3 years with fine-
255	Counterfeiting of government stamp	Non bailable-	Imprisonment for 3 years with fine-
264	Fraudulent use or false instrument for weighing	Bailable-	Imprisonment for 1 year with fine.
269	Negligent act likely to spread infectious disease dangerous to life	Bailable.	Imprisonment for 6 months  with fine-
272	Adulteration for food or drink intended for sale	Bailable.	Imprisonment for 6 months with fine of INR 1000-
274	Adulteration of drug	Non bailable.	Imprisonment for 6 months with fine of INR 1000-

 

275	Sale of adulterated drug	Bailable-	Imprisonment for 6 months  with fine of INR 1000
279	Rash driving or riding on a public way	Bailable-	Imprisonment for 6 months  with fine of INR 1000.
283	Danger or obstruction in public way or line of navigation	Bailable-	INR 200.
292	Sale of obscene book	Bailable-	Imprisonment for 2 years with fine of INR 2000.
295	Injuring places of worship with an intent to insult the religion of any class	Non Bailable-	Imprisonment for 2 years with fine.
295A	Deliberate and malicious act intended to outrage religious feelings of any class, by insulting religious beliefs.	Non bailable-	Imprisonment for 3 years with fine.
297	Trespassing on burial places	Bailable-	Imprisonment for 1 years with fine.
302	Punishment for murder	Non bailable-	Imprisonment for life term or capital punishment
304	Punishment for Culpable homicide not amounting to murder.	Non bailable-	Imprisonment for 10 years with fine
304A	Punishment for  causing death by negligence	Bailable.	Imprisonment for 2 years.
304B	Dowry death	Non bailable.	Imprisonment for 7 years up to life term.
306	Abetment of suicide	Non bailable.	Imprisonment for 10 years with fine.
307	Attempt to murder	Non bailable.	Imprisonment for 10 years with fine.
308	Attempt to commit culpable homicide	Non bailable.	Imprisonment for 3-7 years with fine.
309	Attempt to commit suicide	Bailable.	Imprisonment for 1 year or  with fine.
318	Concealment of birth by secret disposal of body	Bailable.	Imprisonment for 2 years with fine.
323	Causing hurt	Bailable.	Imprisonment for 1 years with fine.
349	Using force	Bailable.	Imprisonment for 3 months or with fine of INR 500.
354D	Stalking	Bailable.	Imprisonment for 3 months or  with fine.

 

363	Punishment for Kidnapping	Bailable	Imprisonment for 7 months or  with fine
369	Abduction of child under 10	Non bailable	Imprisonment for 7 months or with fine
370	Trafficking of person	Non bailable	Imprisonment for 7-10  years or with fine
376	Punishment for  Rape	Non bailable	Rigorous imprisonment for life or not less than 7 years
376D	Gang rape	Non bailable	Imprisonment for 20 years which may extend till  life
377	Unnatural offence	Non bailable	Imprisonment for 10 years which may extend till life
379	Punishment for  Theft	Non bailable	Imprisonment for 3 years and fine
384	Punishment for  Extortion	Non bailable	Imprisonment for 3 years
392	Punishment for   Robbery	Non bailable	Imprisonment for 3 years and fine
395	Punishment for  Dacoity	Non bailable	Imprisonment for 10 years and fine
406	Punishment for  Criminal breach of trust	Non bailable	Imprisonment for 3 years and fine
411	Dishonestly receiving Stolen property	Non bailable	Imprisonment for 3 years and fine
417	Punishment for  Cheating	Bailable	Imprisonment for 1 years and fine
420	Cheating and dishonestly inducing delivery of property	Non bailable	Imprisonment for 7 years and fine
426	Punishment for  Mischief	Bailable	Imprisonment for 3 months
447	Punishment for Criminal trespass	Bailable	Imprisonment for 3 months and fine of INR 500

 

465	Forgery	Bailable	Imprisonment for 2 years and fine
477A	Falsification of accounts	Bailable	Imprisonment for 2 years and fine
489A	Counterfeiting currency notes or banknotes	Non bailable	Imprisonment for life and fine
489C	Possession of forged currency notes or banknotes	Bailable	Imprisonment for 7 years and fine
494	Marrying again during lifetime of husband or wife	Bailable	Imprisonment for 7 years and fine
496	Marriage ceremony fraudulently gone through without lawful marriage	Bailable	Imprisonment for 7 years and fine
498	Enticing or taking away or detaining with criminal intent	Bailable	Imprisonment for 2 years and fine
498A	Husband or relative of husband of a woman subjecting her to cruelty	Non bailable	Imprisonment for 3 years and fine
500	Punishment for Defamation	Bailable	Imprisonment for 2 years and fine
506	Criminal intimidation	Bailable	Imprisonment for 2 years for simple offence and 7 years  if threat is to cause death or grievous hurt
509	Word, gesture or act intended to insult the modesty of a woman	Bailable	Imprisonment for 3 years and fine
510	Misconduct in public by drunken person	Bailable	Imprisonment for 24 hours  and fine of INR 10