What is Non-Bailable Offense?
Crimes for which the accused is not legally allowed to be released on bail are known as Non-Bailable offenses. Rather, the accused must file a petition in the court for bail and persuade that they should be freed while their case is underway. Among the crimes for which there is no bail include murder, rape, dacoity, and abduction. The rules for bail in non-bailable offenses are outlined in Section 437 of the CrPC. According to this section, an accused person who has been arrested or detained for a non-bailable offense cannot be released on bail unless the court is convinced that there are good reasons to do so. When determining whether to issue bail, the court will take into account a number of considerations, including the kind and gravity of the charge, the possibility that the accused would flee or tamper with the evidence, and the accused’s prior criminal record.
Key Features of Non-Bailable Offenses are as follows:
- Non-bailable offenses prohibit the automatic release of the accused on bail; they must petition the court for bail.
- Crimes such as murder, rape, dacoity, and abduction fall under non-bailable offenses.
- Section 437 of the CrPC governs bail for non-bailable offenses, requiring court approval based on various factors.
- The court considers factors like the seriousness of the charge, risk of flight or evidence tampering, and the accused’s criminal record when deciding on bail for non-bailable offenses.
Difference between Bailable and Non-Bailable Offence
In legal systems around the world, offenses are categorized into two primary classifications: Bailable and Non-Bailable. These classifications play a crucial role in determining the severity of the offense, as well as the procedures and options available to the accused during the legal process. A Bailable offense refers to a crime for which the accused can secure pre-trial release by posting bail, typically a sum of money or a bond. On the other hand, a Non-Bailable offense is one for which bail is not a matter of right, and the accused may have to remain in custody until trial unless granted bail by the court under certain exceptional circumstances.
Table of Content
- What is Bailable Offense?
- What is Non-Bailable Offense?
- Difference between Bailable and Non-Bailable Offence
- Conclusion
- Difference Between Bailable and Non-Bailable Offenses- FAQs