What is Bailable Offense?
Crimes for which the accused is eligible for bail are known as Bailable Offenses. This indicates that if a bail bond or surety is posted, the accused individual may be freed from jail or police custody. The kind of offense, the harshness of the sentence, and the accused person’s prior criminal history are some of the variables that the court considers when deciding how much bail to set. Bailable offenses are comparatively less serious offenses that carry a maximum sentence of three years in jail or a fine alone. Defamation, simple assault, stealing, injuring someone, and mischief are a few instances of crimes that are subject to bail. The rules for bail for bailable offenses are outlined in Section 436 of the CrPC. According to this section, an accused person who has been arrested or detained for a bailable offense may be released on bond if that person provides a bail bond, either with or without sureties.
Key Features of Bailable Offenses are as follows:
- Bailable offenses allow accused individuals to be released on bail upon posting a bond or surety.
- The severity of the offense, potential sentence, and criminal history influence bail decisions.
- Offenses classified as bailable typically carry a maximum sentence of three years in jail or a fine.
- Section 436 of the CrPC outlines rules for bail, enabling release upon provision of a bail bond with or without sureties.
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