Bailable and Non-Bailable Offences (Reference Chart) (India)
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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