The points of distinction between ‘bailable’ and ‘non-bailable’ offences are

(1) Definition [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. Non-bailable offence means any other offence.

(2) On the basis of Punishment: According to the First Schedule, offences under laws other than the Indian Penal Code which are punishable with imprisonment for three years or more, have been considered as “nonbailable” offence and others which are punishable with less than three years imprisonment are considered as “bailable” offences. Of course this rule is subject to any rule to the contrary made in any such law.

(3) Power to grant Bail: A person accused of a bailable offence has a right to be released on bail. Section 50(2) makes it obligatory for a police officer arresting such a person to inform him of his right to be released on bail. But if the offence is non-bailable that does not mean that the person accused of such offence shall not be released on bail, but here in such a case bail is not a matter of right, but only a privilege to be granted at the discretion of the court.

(4) Anticipatory Bail: The concept of anticipatory bail is relevant for non-bailable offences. If you want to be a judicial officer and are looking for best RJS coaching in Jaipur, here, at Jyoti Judiciary we provide comprehensive study material to make your preparation solidified and topnotch. From preliminary mock tests, to mains answer writing sessions every material required for clearing the exam is provided. We have separate legal current affairs classes, legal general knowledge, current affairs classes all in one time enrolment. Hurry up.