Difference between Bailable and Non-Bailable Offence
Basis |
Bailable Offence |
Non-Bailable Offence |
---|---|---|
Meaning |
An offense for which bail may be given either during the arrest procedure or in the course of the trial. |
A crime for which bail is not legally permissible at the moment of arrest. The offender must request bail from the court. |
Authority to Grant Bail |
The police officer or the police station have the authority to issue bail. |
Only a court of law has the authority to issue bail. |
Character of Crime |
Usually, small and less severe infractions. |
Usually more severe and horrible transgressions. |
Severities of Penalties |
Bailable offenses are connected with comparatively lighter fines and punishments. |
Penalties and punishments for actions that are not subject to bail are often harsher. |
Warrant Required |
For crimes for which a warrant is not required, police may make an arrest. |
To make an arrest, police often need a warrant for non-bailable offenses. |
Requirement of Court Proceeding |
The accused may be freed on bail for crimes for which there is no need for a judicial trial. |
When a crime is not subject to bail, the accused must appear in court and request bail in front of the judge. |
Court’s discretion |
In cases where bail is required, the court may decide to grant or refuse bail depending on the specifics of the case. |
When it comes to non-bailable charges, the court can refuse to issue bail based on the seriousness of the offense, but it also needs to give compelling grounds for doing so. |
Threat to Public Policy |
Usually regarded as less serious offenses, they frequently include small-scale conflicts or first-time offenders. |
They are considered to be more serious crimes as they include actions that might endanger public safety or have major repercussions. |
Example |
Minor traffic infractions, small-time larceny, simple assault, etc. |
Terrorism, drug trafficking, rape, murder, etc. |
Difference between Bailable and Non-Bailable Offence
In legal systems around the world, offenses are categorized into two primary classifications: Bailable and Non-Bailable. These classifications play a crucial role in determining the severity of the offense, as well as the procedures and options available to the accused during the legal process. A Bailable offense refers to a crime for which the accused can secure pre-trial release by posting bail, typically a sum of money or a bond. On the other hand, a Non-Bailable offense is one for which bail is not a matter of right, and the accused may have to remain in custody until trial unless granted bail by the court under certain exceptional circumstances.
Table of Content
- What is Bailable Offense?
- What is Non-Bailable Offense?
- Difference between Bailable and Non-Bailable Offence
- Conclusion
- Difference Between Bailable and Non-Bailable Offenses- FAQs