WHAT MAKES AN OFFENCE BAILABLE OR NON-BAILABLE

INTRODUCTION

In criminal law, arrest is not a ground for holding an arrested person in custody till the completion of his/her trial. There exists an alternative method called 'bail' which gives an opportunity to an arrested person to come out on temporary release during his case.
On the other hand, every offence cannot be of the same nature. Every offence falls either under bailable or non-bailable. Some offences may be comparatively less serious than others; in such offences, an accused has the right to get himself released on bail, whereas others may have grave repercussions and therefore bail is at the discretion of the court.
Thus, there can be two types of offences – one is bailable and the other is non-bailable.

WHAT IS A BAILABLE OFFENCE?

Bailable offense" refers to an offense where the accused is entitled to get bail as a matter of right. As per Section 2(a) of the Criminal Procedure Code, 1973, these offenses are less grave in nature. In these cases,
The accused is entitled to be released on bail.
Bail may be granted either by the police officer or by the court.
Procedure for obtaining the same is relatively easy.
Some examples of bailable offenses are:
Hurt (simple)
Defamation
Public nuisance
Causing minor bodily injury.

WHAT IS A NON-BAILABLE OFFENCE?

A non-bailable offence is an offence where bail is not given automatically. Here, the person needs to make a plea before the court for granting of bail and the court decides on the grant or denial of bail based on the facts of the case. Non-bailable offences are usually offences which are more harmful than bailable offences.
Some examples of non-bailable offences are:
Murder
Rape
Kidnapping
Dowry Death
Attempt to Murder

The granting of bail in these offences depends on considerations like:
Nature and magnitude of the crime
Prior record of the offender
Fingerprints at the scene of crime
Risk of flight of the offender

PROCEDURE FOR GRANT OF BAIL

IN BAILABLE OFFENCES
The accused can request bail immediately after arrest. The police officer or magistrate generally releases the accused upon furnishing bail bonds or sureties.

IN NON-BAILABLE OFFENCES
It is important that the accused submit a bail application to the proper court. In analysing the application, the court will consider the gravity of the crime and other related factors.
In some unusual cases, in spite of the crime being bailable, bail might be granted by the court.

JUDICIAL APPROACH TOWARDS BAIL

Bail is a rule and imprisonment an exception” has been reiterated several times by Indian Courts in cases where the individual in question is unlikely to misuse his/her freedom. Nevertheless, Indian Courts are careful not to interfere with justice in any way during investigations of serious crimes.
The aim of the judicial process is thus a delicate balancing act between:
The rights of the accused party
The rights of the victim
Investigation

CONCLUSION

The categorization of the crime as bailable or non-bailable is of utmost significance in the criminal justice system prevailing in India. This ensures that no undue restriction is placed on the individual who is found guilty of committing a petty crime and that individuals accused of major crimes have stringent judicial inquiry imposed against them. The accused is entitled to seek for bail in bailable offences while in non-bailable cases, it rests with the judiciary to decide whether the accused may be granted bail.
Such a differentiation indicates the harmonious balance struck between individual freedom and social safety. Furthermore, it also assists in the proper investigation of the matter and fair administration of justice. It has been firmly established by Indian courts that personal freedom is an important constitutional right that should not in any way compromise on public safety or impede the process of justice.

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