| BASIS FOR COMPARISON | BAILABLE OFFENCE | NON-BAILABLE OFFENCE |
|---|---|---|
| Definition | Offences that are considered less serious in nature and for which bail is a matter of right. | Offences that are considered more serious in nature and for which bail is not a matter of right. |
| Bail | A person accused of a bailable offence is entitled to bail as a matter of right, and can apply for bail either before or after arrest. | A person accused of a non-bailable offence may be granted bail, but it is not a matter of right and depends on the discretion of the court. Bail can only be applied for after arrest. |
| Arrest | The police can arrest a person accused of a bailable offence, but they are required to inform the accused of their right to bail and must release the accused on bail if the conditions for bail are met. | The police can arrest a person accused of a non-bailable offence without a warrant and must produce the accused before the court within 24 hours. |
| Court Proceedings | In the case of bailable offences, the accused can be released on bail as a matter of right, and the court can proceed with the trial even if the accused is not present. | In the case of non-bailable offences, the accused may not be granted bail, and the court cannot proceed with the trial unless the accused is present. |
| Bail Amount | There is usually no requirement for a monetary deposit for bail in bailable offences. | In non-bailable offences, the court may require a monetary deposit as a condition for granting bail. |
| Police Powers | In bailable offences, the police can grant bail to the accused at the station itself. | In non-bailable offences, the police have no authority to grant bail, and the accused can only apply for bail in court. |
| Examples | Examples of bailable offences include offences such as simple hurt, theft, and mischief causing damage to property. | Examples of non-bailable offences include offences such as murder, rape, and kidnapping. |
Difference Between Bailable and Non-bailable Offence
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