Bailable and non bailable offence

This query is : Resolved 

20 May 2008

What is the difference between bailable and non bailable offence?

Can a Police Officer give bail to an accused who has alleged to have committed an offence which is triable by a Magistrate.

amit gupta_lawyer (Expert)
20 May 2008

In this Code, unless the context otherwise requires, -

(a) Bailable offence" means an offence which is shown as bailable in the First Schedule, or which is made bailable by any other law for the time being in force: and "non-bailable offence" means any other offence.

yes a police officer can give temprarory bail if it is a bailable offence but regular bail has to be taken from court only.

20 June 2008

Bailable & Non-bailable :-- Some of the offenses are Bailable i.e. after arrest the accused can apply for bail to the police station officer and under normal circumstances the police should grant bail after obtaining proper sureties.

In a Non-Bailabale offense, which is of a more serious nature, the police has to produce the accused before the nearest Judicial Magistrate to obtain police custody remand.

Whenever an accused is produce before the court in a non-bailable offense, the court decides in its wisdom for the issue of granting bail or remanding the accused to either police custody or judicial custody.

Adv. Yogen Kakade (Expert)
20 February 2017

I agree with the experts

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