| Bailable | Non-Bailable |
| Section 2(a), bailable offence means 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. | Section 2(a) non- bailable offence means any other offence. Non-bailable offence means offence offer than bailable offence. It is residuary. |
| Second part of the first schedule of the code deals with the offences other than that of IPC and provides that if the offence is punishable with imprisonment for less than 3 years of with fine only that offence shall be treated bailable offences. | Second part of the First Schedule of the code deals with the offences other than that of IPC and provides that if the offence is punishable with death, imprisonment for life or imprisonment for 3 years or more that offence shall be treated as non-bailable offences. |
| On case of bailable offence, accused can claim bail as a matter of right.if he is fulfilling all other conditions, court or officer in charge of police station cannot deny bail. | In case of non- bailable offence, accused cannot claim bail as matter of right. Court or officer in charge of police station may grant bail. It is discretion of court or officer in charge of police station to grant bail. There are certain exceptional cases when granting of bail is mandatory. |
BAILABLE AND NON BAILABLE OFFENCE
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