non-bailable offence

A bailable offence is one shown as bailable in the First Schedule to the BNSS or made bailable by another law; every other offence is non-bailable. In a bailable offence the accused has a right to be released on bail. In a non-bailable offence bail is discretionary, and the court considers the nature and gravity of the accusation, the evidence, the chance of the accused fleeing or tampering with witnesses, and his antecedents.

“Non-bailable” does not mean bail can never be granted. A magistrate generally cannot grant bail where there are reasonable grounds to believe the accused guilty of an offence punishable with death or life imprisonment, but the Sessions Court and High Court have wider powers.

Example

Murder is a non-bailable offence, so the accused had to apply to the Sessions Court for discretionary bail.

In Indian law

• Section 2(1)(c) and First Schedule, BNSS, 2023 (old s.2(a) CrPC): bailable offence
• Sections 480 and 483, BNSS (old ss.437 and 439 CrPC)

See also

bailable offence · bail · anticipatory bail · cognizable offence

Read more in the study notes

• 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)
• Bail applications: regular, default and anticipatory bail under the BNSS (Drafting, Pleading and Conveyance)