In the Code of Criminal Procedure (CrPC), the terms bailable and non-bailable offences refer to the classification of offences based on the right to obtain bail.
Bailable Offence:
- Definition: A bailable offence is one where the accused has a right to be released on bail upon arrest.
- Right to Bail: The accused can claim bail as a matter of right, and the police or magistrate must grant bail if the accused is willing to provide the required surety or bond.
- Severity: These offences are generally less serious in nature.
- Examples:
- Assault (Section 352 IPC)
- Public nuisance
- Simple hurt (Section 323 IPC)
Non-Bailable Offence:
- Definition: A non-bailable offence is one where bail is not a matter of right but is at the discretion of the court.
- Right to Bail: The accused cannot claim bail as a right. The court considers factors like the severity of the crime, the possibility of the accused tampering with evidence, or the likelihood of the accused absconding before granting bail.
- Severity: These offences are more serious and involve greater harm or threat to society.
- Examples:
- Murder (Section 302 IPC)
- Rape (Section 376 IPC)
- Kidnapping (Section 363 IPC)
Key Differences:
| Feature | Bailable Offence | Non-Bailable Offence |
|---|---|---|
| Right to Bail | Granted as a right | At the discretion of the court |
| Severity of Crime | Less serious | More serious and severe |
| Authority Granting Bail | Police or Magistrate | Only the Court (in most cases) |
| Examples | Simple assault, Public nuisance | Murder, Rape, Kidnapping |
In summary, bailable offences allow the accused to secure bail as a matter of right, while non-bailable offences require judicial discretion due to the gravity of the crime.
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