How To Get Bail In Non Bailable Offences

Bail in Non Bailable Offences

Ho to get bail in no bailable offences: The requirement of bail was succinctly discussed and explained by the Supreme Court of India in the case of State Of Rajasthan, Jaipur vs Balchand @Baliay 1978 Crl J 195, wherein the Court observed that the basic rule is bail, not jail, except where there are circumstances suggestive of fleeing from justice or thwarting the course of justice or creating other troubles in the shape of repeating offences or intimidating witnesses and the like by the petitioner/accused who seeks enlargement on bail from the court.

When considering the question of bail, the gravity of the offence involved and the heinousness of the crime which are likely to induce the petitioner/accused to avoid the course of justice must weigh with the court. Bail in non bailable offences

Section 473 of CrPC governs the law relating to grant of bail for non-bailable offences

Essential elements of Section 473 of CrPC

The statutory provision under Section 473 of CrPC confers a discretionary power on the Court or concerned Police Officer the power to release the accused on bail, accused of non-bailable offence. An exception being that the accused shall not be guilty of offence punishable with death or with imprisonment for life. However, the following categories of persons may be released on bail even if charged for a non-bailable offence.

A person under age of 16 years
A women
A sick of insane person

Where a person is charged with a non-bailable offence, but it appears in the course of the trial that he is not guilty of such offence, he may be released immediately on bail pending further inquiry.

Section 473 of CrPC also provides for review of the order by the Court which has released the person on bail. The power of the Magistrate under this section cannot be treated at par with the powers of the Sessions Court and the High Court under Section 439 of CrPC (Special powers of High Court or Court of Session regarding bail)

The Code of Criminal Procedure, 1973 (hereinafter called “CrPC”) defines Bailable Offence to “mean an offence which is shown as bailable in the First Schedule, or which is made bailable by any other law for the time being in force; and “non-bailable offence” means any other offence” The distinction between Bailable and Non-Bailable Offences is based on the gravity of the offence, danger of accused absconding, tampering of evidence, previous conduct, health, age and sex of the accused person.

Though the schedule for classification of offences as Bailable or Non Bailable is provided in CrPC; however, it is mostly the offences which are punishable with imprisonment for not less than three years that are classified as Non-Bailable. Bail in non bailable offence

The question that arises for deliberation is whether there is any scope for grant of Bail in case the offence falls within the category of Non-Bailable Offence. Section 437 of CrPC is required to be studied in this regard. Section 437 of CrPC empowers the Court to release an accused person on Bail.

What is interesting to analyse is the balance between right to liberty as defined under the Constitution of India as well as the principles of law in so far as commission of Non-Bailable offences is concerned.

The Hon’ble Supreme Court in the matter of Shahzad Hasan Khan v. Ishtiaq Hasan Khan has observed that “Liberty is to be secured through process of law, which is administered keeping in mind the interests of the accused, the near and dear of the victim who lost his life and who feel helpless and believe that there is no justice in the world as also the collective interest of the community so that parties do not lose faith in the institution and indulge in private retribution.” Bail in non bailable offence

The aim of arresting a person accused of having committed a crime is to ensure that he/she does not escape the rigours of law, when proved guilty or that the accused person does not tamper with the prosecution evidence. While dealing with the issue of grant of bail in non-bailable offences, it has been held that a person is entitled to his liberty even in case he/ she is accused of a Non-Bailable offence and the right of an accused person should not be dealt with by a court in a superficial manner. In fact, CrPC provides that in case the court has sufficient reason to believe that the case in hand requires further investigation to prove the guilt of the accused; such person should be enlarged on bail. Bail in non bailable offence

It has also been the opinion of courts that since right to liberty is an imperative right of a person, an application seeking Bail should not be decided in a mechanical and perfunctory manner. This is also relevant to point out that there may be instances when a woman is detained for being an accused of committing a Non-Bailable offence. In Recent it has been held by various courts that releasing a woman accused of having committed a Non-Bailable offence on special grounds is not discriminatory.

In the matter of Mst. Chokhi v. State, a woman accused of committing murder of her one child was released on bail as there was no one to look after her other child at home. Further, it has been the opinion of courts at large that where the prosecution is unable to persuade the court that there is any reasonable ground for believing that the accused person is guilty of commission of a Non-Bailable offence, in such case the accused person should be released on Bail. Even in cases where the person is accused of having committed an offence under Section 307 is enlarged on Bail owing to ill-health.

However, it is most important to appreciate that there is no specific rule as to when Bail should be granted. It has been the view of the courts that where a Non- Bailable offence is not punishable with life imprisonment or with death sentence, Bail should generally be granted and liberty of an accused should not be compromised with. Bail in non bailable offences Bail in non bailable offence

(Click here to Know About Quashing of FIR in High Court Chandigarh)

Having said so, it may be pointed out that courts have abstained from enlarging an accused on bail in cases punishable with death sentence. The Delhi High Court laid down certain guidelines to be kept in mind while granting bail. Though it is settled position of law that grant of Bail in Non-Bailable offences is the discretion of a court and that the court dealing with grant of bail is to only satisfy if there is a prima facie case against the accused.

However, it has been time and again held by various courts that the said discretion is to be exercised in a judicious manner and not as a matter of course. Further, it has also been categorically held that an order enlarging an accused person on Bail without any cogent reason cannot be sustained. Bail in non bailable offences

Here is the list of Bailable and Non Bailable Offences

Section	Offence	Bailable/Non -bailable	Punishment
107	Abetment	Depends on the offence	Depends on the offence
120B	Criminal conspiracy to commit an offence punishable with death	Depends on the offence. E.g. for Punishment for murder, Non-bailable	Depends on the offence
121	Waging or attempting to wage war, or abetting the waging of war, against the Government of India	Non-bailable	Imprisonment for life or imprisonment upto 10 years along with fine
124A	Sedition.	Non-bailable	Imprisonment for life and fine or Imprisonment for 3 years and fine or fine.
131	Abetting mutiny or attempting to seduce a soldier, sailor or airman	Non-bailable	Imprisonment for life or 10 years with fine
140	Wearing soldier’s garb, sailor, airman	Bailable	Imprisonment for 3 months along with 500
144	Punishment for unlawful assembly	Bailable	Imprisonment for 6 months with fine
154	Owner or occupier of land on which unlawful assembly is held	Bailable	INR 1000 fine
158	Being hired to be part of unlawful assembly or riot	Bailable	Imprisonment for 6 months up to 2 yrs along with fine
166A	Public servant disobeying direction under law	Bailable	Imprisonment for 6 months up to 2 yrs
167	Public servant framing incorrect document	Bailable	Imprisonment for 3 years and fine

172	Absconding to avoid service of summons	Non bailable	Imprisonment for 1 month or fine INR 1000
177	Furnishing false information	Bailable	Imprisonment for 6 months and fine INR, 1000
181	False statement on oath to public servants	Bailable	Imprisonment for 3 years along with fine
186	Disobedience to order duly promulgated by public servant	Bailable	Imprisonment for 3 months and fine of INR 500
189	Threat of injury to public servant	Bailable	Imprisonment for 2 years along with fine
191	Giving false evidence	Bailable	Imprisonment for seven years along with fine
195A	Threatening any person to give false evidence	Bailable	Imprisonment for seven years along with fine
203	Giving false information respecting an offence	Bailable	Imprisonment for two years along with fine
210	Fraudulently making false claim in court	Bailable	Imprisonment for two years along with fine
213	Taking gift, to screen an offender from punishment	Bailable	Imprisonment for three to seven years along with fine
223	Escape from confinement or custody negligently suffered by public servant	Bailable	Imprisonment for two years along with fine
228	Intentionally insult or interruption to public servant sitting in judicial proceeding	Bailable	Imprisonment for 6 months along with fine of INR 1000

232	Counterfeiting Indian coin	Non bailable	Imprisonment for life or 10 years with fine
238	Import or export of counterfeiting Indian coin	Non bailable	Imprisonment for life or 10 years with fine
246	Fraudulently diminishing weight of coin	Non bailable	Imprisonment for 3 years with fine
255	Counterfeiting of government stamp	Non bailable	Imprisonment for 3 years with fine
264	Fraudulent use or false instrument for weighing	Bailable	Imprisonment for 1 year with fine
269	Negligent act likely to spread infectious disease dangerous to life	Bailable	Imprisonment for 6 months with fine
272	Adulteration for food or drink intended for sale	Bailable	Imprisonment for 6 months with fine of INR 1000
274	Adulteration of drug	Non bailable	Imprisonment for 6 months with fine of INR 1000

275	Sale of adulterated drug	Bailable	Imprisonment for 6 months with fine of INR 1000
279	Rash driving or riding on a public way	Bailable	Imprisonment for 6 months with fine of INR 1000
283	Danger or obstruction in public way or line of navigation	Bailable	INR 200
292	Sale of obscene book	Bailable	Imprisonment for 2 years with fine of INR 2000
295	Injuring places of worship with an intent to insult the religion of any class	nb	Imprisonment for 2 years with fine.
295A	Deliberate and malicious act intended to outrage religious feelings of any class, by insulting religious beliefs.	Non bailable	Imprisonment for 3 years with fine.
297	Trespassing on burial places	Bailable	Imprisonment for 1 years with fine.
302	Punishment for murder	Non bailable	Imprisonment for life term or capital punishment
304	Punishment for Culpable homicide not amounting to murder.	Non bailable	Imprisonment for 10 years with fine
304A	Punishment for causing death by negligence	Bailable	Imprisonment for 2 years.
304B	Dowry death	Non bailable	Imprisonment for 7 years up to life term.
306	Abetment of suicide	Non bailable	Imprisonment for 10 years with fine.
307	Attempt to murder	Non bailable	Imprisonment for 10 years with fine.
308	Attempt to commit culpable homicide	Non bailable	Imprisonment for 3-7 years with fine.
309	Attempt to commit suicide	Bailable	Imprisonment for 1 year or with fine.
318	Concealment of birth by secret disposal of body	Bailable	Imprisonment for 2 years with fine.
323	Causing hurt	Bailable	Imprisonment for 1 years with fine.
349	Using force	Bailable	Imprisonment for 3 months or with fine of INR 500
354D	Stalking	Bailable	Imprisonment for 3 months or with fine.

363	Punishment for Kidnapping	Bailable	Imprisonment for 7 months or with fine
369	Abduction of child under 10	Non bailable	Imprisonment for 7 months or with fine
370	Trafficking of person	Non bailable	Imprisonment for 7-10 years or with fine
376	Punishment for Rape	Non bailable	Rigorous imprisonment for life or not less than 7 years
376D	Gang rape	Non bailable	Imprisonment for 20 years which may extend till life
377	Unnatural offence	Non bailable	Imprisonment for 10 years which may extend till life
379	Punishment for Theft	Non bailable	Imprisonment for 3 years and fine
384	Punishment for Extortion	Non bailable	Imprisonment for 3 years
392	Punishment for Robbery	Non bailable	Imprisonment for 3 years and fine
395	Punishment for Dacoity	Non bailable	Imprisonment for 10 years and fine
406	Punishment for Criminal breach of trust	Non bailable	Imprisonment for 3 years and fine
411	Dishonestly receiving Stolen property	Non bailable	Imprisonment for 3 years and fine
417	Punishment for Cheating	Bailable	Imprisonment for 1 years and fine
420	Cheating and dishonestly inducing delivery of property	Non bailable	Imprisonment for 7 years and fine
426	Punishment for Mischief	Bailable	Imprisonment for 3 months
447	Punishment for Criminal trespass	Bailable	Imprisonment for 3 months and fine of INR 500

465	Forgery	Bailable	Imprisonment for 2 years and fine
477A	Falsification of accounts	Bailable	Imprisonment for 2 years and fine
489A	Counterfeiting currency notes or banknotes	Non bailable	Imprisonment for life and fine
489C	Possession of forged currency notes or banknotes	Bailable	Imprisonment for 7 years and fine

494	Marrying again during lifetime of husband or wife	Bailable	Imprisonment for 7 years and fine
496	Marriage ceremony fraudulently gone through without lawful marriage	Bailable	Imprisonment for 7 years and fine
498	Enticing or taking away or detaining with criminal intent	Bailable	Imprisonment for 2 years and fine
498A	Husband or relative of husband of a woman subjecting her to cruelty	Non bailable	Imprisonment for 3 years and fine
500	Punishment for Defamation	Bailable	Imprisonment for 2 years and fine
506	Criminal intimidation	Bailable	Imprisonment for 2 years for simple offence and 7 years if threat is to cause death or grievous hurt
509	Word, gesture or act intended to insult the modesty of a woman	Bailable	Imprisonment for 3 years and fine
510	Misconduct in public by drunken person	Bailable	Imprisonment for 24 hours and fine of INR 10

These are not fully covered bailable and non bailable section. You get full details over your query after telling about the nature of offences and sections imposed under IPC of any other law. Contact to know more bailable and non bailable offences.

Bail in Non Bailable Offences

Section 473 of CrPC governs the law relating to grant of bail for non-bailable offences

Essential elements of Section 473 of CrPC

Here is the list of Bailable and Non Bailable Offences

Section

Punishment

107

Abetment

Depends on the offence

Depends on the offence

120B

Criminal conspiracy to commit an offence punishable with death

Depends on the offence. E.g. for Punishment for murder, Non-bailable

Depends on the offence

121

Waging or attempting to wage war, or abetting the waging of war, against the Government of India

Non-bailable

Imprisonment for life or imprisonment upto 10 years along with fine

124A

Sedition.

Non-bailable

Imprisonment for life and fine or

Imprisonment for 3 years and fine or fine.

131

Abetting mutiny or attempting to seduce a soldier, sailor or airman

Non-bailable

Imprisonment for life or 10 years with fine

140

Wearing soldier’s garb, sailor, airman

Bailable

Imprisonment for 3 months along with 500

144

Punishment for unlawful assembly

Bailable

Imprisonment for 6 months with fine

154

Owner or occupier of land on which unlawful assembly is held

Bailable

INR 1000 fine

158

Being hired to be part of unlawful assembly or riot

Bailable

Imprisonment for 6 months up to 2 yrs along with fine

166A

Public servant disobeying direction under law

Bailable

Imprisonment for 6 months up to 2 yrs

167

Public servant framing incorrect document

Bailable

Imprisonment for 3 years and fine

172

Absconding to avoid service of summons

Non bailable

Imprisonment for 1 month or fine INR 1000

177

Furnishing false information

Bailable

Imprisonment for 6 months and fine INR, 1000

181

False statement on oath to public servants

Bailable

Imprisonment for 3 years along with fine

186

Disobedience to order duly promulgated by public servant

Bailable

Imprisonment for 3 months and fine of INR 500

189

Threat of injury to public servant

Bailable

Imprisonment for 2 years along with fine

191

Giving false evidence

Bailable

Imprisonment for seven years along with fine

195A

Threatening any person to give false evidence

Bailable

Imprisonment for seven years along with fine

203