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Bailable vs. Non-Bailable Offence (First Schedule CrPC / BNSS)

Criminal Procedure & Jurisprudence Terms

Definition

Bailable Offence: An offence where the accused has an absolute legal right to bail from the police station or court upon furnishing sureties.

Non-Bailable Offence: An offence where bail is not a matter of right, but a judicial discretion exercised by the court based on severity and evidence.

Example

Simple brawling under Section 323 IPC is bailable, and the police must release the accused on bail bonds; murder under Section 302 IPC is non-bailable, requiring a reasoned judicial order.