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Criminal Procedure

Non-Bailable Offence

non-BAY-luh-buhl uh-FENS English: non- (not) + Old French: bail (custody) + offence

Definition

An offence where bail is not a matter of right and the accused may be released on bail only at the discretion of the court, subject to conditions.

Detailed Explanation

Under the Code of Criminal Procedure, 1973, offences are classified as bailable and non-bailable. In non-bailable offences, the accused does not have an automatic right to bail; instead, release depends on the court's discretion after considering various factors.

The First Schedule to CrPC indicates which offences are non-bailable. Generally, serious offences carrying punishment of death, life imprisonment, or imprisonment exceeding seven years are non-bailable. Examples include murder, rape, kidnapping, dacoity, and offences under special statutes like NDPS Act, PMLA, and UAPA.

When considering bail in non-bailable cases, courts examine: 1. Nature and gravity of the accusation 2. Severity of punishment 3. Nature of evidence and prima facie case 4. Risk of accused fleeing justice 5. Risk of tampering with evidence or influencing witnesses 6. Criminal antecedents of the accused 7. Health, age, and sex of the accused

Even in non-bailable offences, courts must consider bail applications and cannot mechanically refuse bail. The principle that bail is the rule and jail is the exception applies, though with stricter scrutiny.

Essential Elements

  • 1 Bail is not a matter of right but court's discretion
  • 2 Generally serious offences as per First Schedule CrPC
  • 3 Court considers multiple factors before granting bail
  • 4 Prosecution can oppose bail
  • 5 Conditions may be imposed on bail
  • 6 Bail can be cancelled if conditions violated

Leading Cases

Sanjay Chandra v. CBI

2012

(2012) 1 SCC 40

Relevance: Bail is rule, jail is exception; prolonged incarceration before conviction unreasonable

Gudikanti Narasimhulu v. Public Prosecutor

1978

AIR 1978 SC 429

Relevance: Laid down principles for grant of bail in non-bailable offences

State of Rajasthan v. Balchand

1977

AIR 1977 SC 2447

Relevance: Basic rule is bail, not jail; emphasized personal liberty

Satender Kumar Antil v. CBI

2022

(2022) 10 SCC 51

Relevance: Comprehensive guidelines on bail; criticized unnecessary arrests

Usage Example

"Since murder under Section 302 IPC is a non-bailable offence, the accused had to apply to the Sessions Court for bail rather than claim it as a matter of right."

Synonyms

serious offence grave offence

Related Terms

Anticipatory Bail Cognizable Offence
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