What Are the Differences Between Bailable and Non-Bailable Offences?

Under the Law, there are two kinds of offences, namely Bailable and Non-Bailable Offences. The following are a few points to differentiate between the two:

  1. Under the Code of Criminal Procedure, offences have been classified as ‘bailable’ and ‘non-bailable’ offences.
  2. In the case of bailable offences, it is binding upon the investigating officer to grant bail. However, in case of a non-bailable offence the police do not grant bail. The decision is taken by a Judicial Magistrate/Judge only.
  3. In the case of a bailable offence, if the accused produces proper surety after his arrest, and fulfils other conditions, it is binding upon the Investigating officer to release him.
  4. In the case of a non-bailable offence, the Investigating Officer must produce the accused before the Judicial Magistrate/Judge concerned within 24 hours of the arrest. At that time, the accused has a right to apply for bail himself or through his representative/lawyer.
  5. Similarly, if the accused has been subjected to any misbehaviour by police after arrest, he has an opportunity to complain against the same before the Judicial Magistrate/Judge.


Source: This information was obtained from the website of the Mumbai Police – https://mumbaipolice.maharashtra.gov.in/


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