October 10, 2023
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The procedure for getting the release of an individual from custody while they waiting for trial or an appeal by posting a bond to ensure his prompt surrender to authorities is known as “bail” under law.

It is a post-arrest remedy that enables the individual who has been arrested to be released until his trial. Bail protects the traditional right to liberty until guilt is proven. Bail is permitted in order to prevent innocent persons from being detained which would constitute a pre-trial punishment, and to give an accused person time to come up with a defense to the allegations made against him, which is centered on the common law presumption of innocence. The right to bail is regulated by laws, and the law of bail is a crucial component of the system of criminal justice.

Bailable Offence: Meaning

A criminal violation that qualifies as a bailable offense is one for which the accused is released on bail with the requirement that they submit a bail bond. Granting bail does not, however, release the accused. He or she must go through the procedure of law.

Examples: Minor theft, minor violations of traffic laws, simple assault, etc.

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Non-Bailable Offence: Meaning

Non-bailable offenses are criminal offenses for which the court may reject bail without initially hearing the case for a predetermined number of days. Until their trial, the accused will be kept in judicial custody. However, based on the situation and the facts put forward, the court may decide to give bail to the accused.

Examples: terrorism, drug trafficking, rape, murder, etc.

Difference between Bailable and Non- Bailable Offences

Bailable OffensesNon-Bailable Offenses
It is a kind of offense for which bail may be granted either at the moment of the arrest or during the legal proceedings.It is a kind of offense for which bail may not be granted at the point of arrest. The accused has to request bail from the court.
The authority for granting bail under bailable offense is the police officer.The authority for granting bail under non-bailable offense is the court of law.
The nature of the offense is minor and less serious in natureThe nature of the offense is generally serious and more heinous in nature
Bailable offenses are associated with less severe penalties and punishments.Non-bailable offenses are associated with typically harsher penalties and punishments.
Police officers do not need a warrant to make an arrest for offenses for which bail is an option.Police officers need a warrant to make an arrest for crimes for which bail is not an option.
The accused may be freed on bail for offenses that are subject to bail without facing a trial in court.Offenses that are non-bailable require the accused to appear in court and request bail in the presence of the judge.
For bailable offenses, the court holds the authority to approve or deny bail in cases where it is appropriate.For non-bailable offenses, the court has to provide sufficient reasons for granting bail and may reject it based on the gravity of the offense in question.
Regarded as less serious offenses; mostly first-time offenders or petty conflicts.Regarded as high-profile heinous offense since they can endanger the safety of the general public or have major repercussions.

Bailable Offenses: Pros and Cons


  • When bail is granted for an offense that qualifies, the accused is freed from imprisonment and allowed to keep working and taking care of their families while they wait for trial.
  • It makes the accused focused on their case because if they skip their court dates, their bail bond might expire.
  • As soon as someone gets released from custody, the accused is given the opportunity to have a fair trial and can start gathering information to back up their defense.


  • The cost of the bail bond may put the accused in financial difficulty.
  • The accused may attempt to twist the evidence or manipulate the witnesses after bail is granted.
  • The opposing party could develop a vindictive mindset toward the accused who has been released on bail.

Non-Bailable Offenses: Pros and Cons


  • The bail bond amounts are relatively high for non-bailable offenses because they are thought to be more severe in nature.
  • In non-bailable offenses, the accused is less likely to be granted bail, which increases the probability that they will spend an extended period of time in judicial custody.
  • Serious crimes that pose risks to society, such as homicide, terrorism, and murder, sometimes involve non-bailable charges. So, it is essential to reject bail.


  • Non-bailable charges can put the accused in custody for a long time as they wait for their case to be heard if bail is granted. Additionally, if the accused wins, there is no provision for compensation for the period spent in judicial custody.
  • While in detention, the accused may not be able to adequately prepare a defense, which could deteriorate the case.
  • As the accused is unable to be released on bond to begin the trial, non-bailable charges may cause an abundance of cases in the system of criminal courts.

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Bailable and Non- Bailable Offenses: Key Similarities

  • Under Indian law, offenses that are punishable with bail or without are both criminal charges and the court makes the decision.
  • The accused may be taken into custody and/or arrested for either sort of conduct. If there is no chance of a bond, the accused person will be taken into custody right away.
  • The Indian Penal Code and other criminal legislation include strict penalties for both categories of crimes.
  • Both kinds of offenses need the accused to show up in court for the hearing.
  • For both kinds of offenses, the prosecution must establish guilt beyond a reasonable doubt. Usually, this duty is carried out by the public prosecutor.

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The distinctions between offenses that are eligible for bail and those that are not have a big impact on the court process and the rights of the accused. Non-bailable offenses usually restrict this right unless there are exceptional circumstances, whereas bailable offenses permit people to request bail. To successfully negotiate the intricate details of the legal system, it is crucial for people facing charges of crime to be aware of these distinctions. They are able to successfully exercise the rights they have while striving towards a reasonable and fair outcome by doing this.

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