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bailable offence

English · Criminal law

Meaning. An offence in which the accused has a right to be released on bail.

A bailable offence is one shown as bailable in the First Schedule of the BNSS or made bailable by another law. The person arrested for it is entitled as of right to be released on bail if he is prepared to give bail; the police officer or court has no discretion to refuse, and may release him on a personal bond without sureties if he is poor.

Generally, less serious offences (punishable with imprisonment under three years, or fine only) are bailable, though there are exceptions. If a person accused of a bailable offence cannot furnish bail within a week of arrest, he is presumed indigent. Bail granted in a bailable case may be cancelled only for serious misconduct, such as absconding.

Example

Simple hurt is a bailable offence, so the police had to release the accused on bail at the station under s.478 BNSS once he offered surety.

In Indian law

  • Section 2(1)(c), Bharatiya Nagarik Suraksha Sanhita, 2023 (old s.2(a) CrPC): definition
  • Section 478, Bharatiya Nagarik Suraksha Sanhita, 2023 (old s.436 CrPC)
  • First Schedule, Bharatiya Nagarik Suraksha Sanhita, 2023

See also

non-bailable offence · bail · cognizable offence

Read more in the study notes

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