bailable offence
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
- Definitions, classification of offences, and the courts, prosecution and police under the BNSS (Bharatiya Nagarik Suraksha Sanhita)
- Arrest: concept, procedure, safeguards, proclamation and handcuffing (Bharatiya Nagarik Suraksha Sanhita)
- Processes to compel appearance and production of things (Bharatiya Nagarik Suraksha Sanhita)
- Bail, anticipatory bail and bonds (Bharatiya Nagarik Suraksha Sanhita)
- Concurrent and consecutive sentences; appeals, revision and reference (Bharatiya Nagarik Suraksha Sanhita)
- Juvenile Justice Act: procedure for children in conflict with law (Bharatiya Nagarik Suraksha Sanhita)