Bailable and Non-Bailable Offences (Reference Chart) (India) by OLL
This reference chart provides a comprehensive overview of bailable and non-bailable offences under Indian law. It details specific legal sections, the nature of the offence, whether bail is a matter of right, and the potential punishments ranging from fines to life imprisonment.
Bailable offence is one where the defendant (the one who is defending himself in a criminal case) may be able to secure his release upon the payment of bail. These are the cases where the grant of bail is a matter of course and right.
If a person is held under a non-bailable offence, he cannot claim the grant of bail as a matter of right. But the law gives special consideration in favor of granting bail where the accused is under sixteen, a woman, sick or infirm, or if the court is satisfied that it is just and proper for any other special reason to give rather than refuse bail.
Section | Offence | Bailable/Non -bailable | Punishment |
107 | Abetment | Depends on the offence | Depends on the offence |
120B | Criminal conspiracy to commit an offence punishable with death | Depends on the offence. E.g. for Punishment for murder, Non-bailable | Depends on the offence |
121 | Waging or attempting to wage war, or abetting the waging of war, against the Government of India | Non-bailable | Imprisonment for life or imprisonment upto 10 years along with fine |
124A | Sedition. | Non-bailable | Imprisonment for life and fine or Imprisonment for 3 years and fine or fine. |
131 | Abetting mutiny or attempting to seduce a soldier, sailor or airman | Non-bailable | Imprisonment for life or 10 years with fine |
140 | Wearing soldier’s garb, sailor, airman | Bailable | Imprisonment for 3 months along with 500 |
144 | Punishment for unlawful assembly | Bailable | Imprisonment for 6 months with fine |
154 | Owner or occupier of land on which unlawful assembly is held | Bailable | INR 1000 fine |
158 | Being hired to be part of unlawful assembly or riot | Bailable | Imprisonment for 6 months up to 2 yrs along with fine |
166A | Public servant disobeying direction under law | Bailable | Imprisonment for 6 months up to 2 yrs |
167 | Public servant framing incorrect document | Bailable | Imprisonment for 3 years and fine |
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About this template
What is this template?
This is a statutory reference guide for criminal offences in India. It is not a legal petition or an application for bail. It specifically distinguishes between offences where bail is a matter of right and those where it is subject to court discretion for vulnerable groups like women or those under sixteen.
When should you use it?
Use this chart to verify the maximum imprisonment and fine for specific IPC sections, such as the 10-year term for Section 307. Use a Bail Application template instead if you are actually petitioning a court for release.
Who it's for
- a legal practitioner in India requiring a quick reference for bail eligibility across different criminal sections
- a defendant or their family assessing if a specific charge allows for bail as a matter of right
- a law student studying the classification of offences and their prescribed statutory punishments in India
Law it's drafted under
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