Difference Between Bailable and Non-Bailable Offences in 2025

Understanding the difference between bailable and non-bailable offences in 2025 is crucial for anyone involved in a criminal case or interested in criminal law in India. With the implementation of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), many provisions under the old Code of Criminal Procedure (CrPC) have been revised or clarified. This change marks a significant shift in how bail and arrest procedures are understood, applied, and processed across the country.

If you or someone you know has been accused of a crime, knowing whether it is bailable or non-bailable can help you understand your legal rights, especially the right to be released on bail.

What is a Bailable Offence?

A bailable offence is a type of criminal offence where bail is a matter of right. This means that the accused person has the right to be released on bail once they are arrested. The police or the magistrate is bound to grant bail in such cases.

These are usually less serious crimes that do not pose a major threat to society or the safety of others. The punishment in these offences is typically less severe, often with imprisonment of less than three years.

For example, if someone is caught for causing simple hurt (injury without dangerous weapons), or is found drunk in public, these are generally considered bailable offences.

What is a Non-Bailable Offence?

A non-bailable offence is more serious. In such cases, bail is not granted as a matter of right. Instead, the decision to grant or deny bail lies with the court. The judge considers the facts of the case, the severity of the offence, and whether releasing the accused would affect the investigation or pose a risk to society.

These offences usually involve greater harm to others or the state. They include crimes such as murder, rape, kidnapping, or crimes involving national security.

So, can I get bail in a non-bailable offence? The answer is: Yes, but only at the discretion of the court. You need to apply to the court for bail, and the court may impose conditions if it decides to grant it.

Examples of Bailable and Non-Bailable Offences under BNSS

To better understand the distinction, let’s look at some common examples:

Bailable Offence Examples:

• Causing simple hurt (Section 115 BNSS)

• Public nuisance (Section 137 BNSS)

• Cheating by personation (Section 316 BNSS)

• Misconduct in public by a drunk person (Section 198 BNSS)

Non-Bailable Offence Examples:

• Murder (Section 101 BNSS)

• Rape (Section 64 BNSS)

• Dowry death (Section 107 BNSS)

• Criminal breach of trust by a public servant (Section 276 BNSS)

The updated bailable and non-bailable offence list under BNSS is mostly aligned with the old CrPC list, but with modernized definitions and restructured provisions.

Bailable and Non-Bailable Offences under BNSS vs CrPC

The Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 replaces the Code of Criminal Procedure (CrPC) to modernize criminal procedure laws in India. The concept of bailable and non-bailable offences, however, remains intact, albeit with a few improvements:

• Terminology has been updated to be more accessible and citizen-centric.

• Some sections have been renumbered or reorganized.

• Emphasis has been placed on victim rights, digital processes, and faster trials.

Despite these changes, the basic difference between bailable and non-bailable offences in BNSS remains similar to CrPC.

Difference Between Bailable and Non-Bailable Offences Explained

The primary difference lies in how bail is treated:

• In bailable offences, bail is granted automatically.

• In non-bailable offences, bail is not automatic and depends on the court's decision.

Other Key Differences:

1. Nature of Crime:

   • Bailable: Less serious or non-violent

   • Non-Bailable: Serious, often violent or sensitive crimes

2. Right to Bail:

   • Bailable: Legal right of the accused

   • Non-Bailable: Discretionary power of the court

3. Role of Police:

   • Bailable: Police can release the accused on bail

   • Non-Bailable: Police must produce the accused before a magistrate

4. Court’s Discretion:

   • Bailable: No discretion; bail must be granted

   • Non-Bailable: Court evaluates risk, evidence, and severity before granting bail

5. Impact on Investigation:

   • Bailable: Generally, the accused’s release does not hinder investigation

   • Non-Bailable: Court considers whether release could influence witnesses or tamper with evidence

BNSS 2023: Fresh Perspective on Bail Provisions

The BNSS aims to simplify and digitize criminal procedures. One of its main goals is speedy justice. While the essence of bailable and non-bailable offences remains unchanged, BNSS brings clarity:

• Encourages use of electronic bail bonds.

• Promotes online hearing in bail applications where possible.

• Ensures faster decisions by setting tighter timelines for bail hearings.

• Introduces victim consultation in serious non-bailable offences.

These changes aim to balance the rights of the accused with the safety of the public and fairness to the victim.

List of Bailable Offences (as per BNSS/CrPC structure)

These offences are less serious, often punishable with imprisonment up to 3 years or fine, and bail is a right of the accused.

1. Causing simple hurt (Section 115 BNSS)

2. Wrongful restraint (Section 125 BNSS)

3. Assault (Section 119 BNSS)

4. Public nuisance (Section 137 BNSS)

5. Criminal trespass (Section 331 BNSS)

6. Theft, if the value is low and circumstances are not aggravated (Section 303 BNSS)

7. Cheating (simple) (Section 316 BNSS)

8. Defamation (Section 356 BNSS)

9. Misconduct by a drunken person in public (Section 198 BNSS)

10. Intentional insult with intent to provoke breach of peace (Section 122 BNSS)

11. Uttering obscene words in public (Section 357 BNSS)

12. Attempt to commit suicide (Section 113 BNSS)

13. Negligent driving not resulting in death (Section 281 BNSS)

14. Adultery (If prosecuted under local laws; not an offence under IPC anymore but some local laws may apply)

15. Criminal intimidation (if not causing death or grievous hurt) (Section 133 BNSS)

16. Mischief causing damage under ₹50 (Section 328 BNSS)

17. Bribery by a voter during elections (Section 194 BNSS)

18. Unlawful assembly (if not armed or violent) (Section 187 BNSS)

19. Using false property mark (Section 350 BNSS)

20. Forgery of private documents (non-government) (Section 349 BNSS)

List of Non-Bailable Offences (as per BNSS/CrPC structure)

These are serious offences, usually punishable with imprisonment of more than 3 years, or life imprisonment or death. Bail is not a right, and is at the discretion of the court.

1. Murder (Section 101 BNSS)

2. Attempt to murder (Section 108 BNSS)

3. Rape (Section 64 BNSS)

4. Dowry death (Section 107 BNSS)

5. Kidnapping or abduction (Section 137(2) BNSS)

6. Criminal breach of trust by public servant (Section 276 BNSS)

7. Grievous hurt by dangerous weapons (Section 117 BNSS)

8. Voluntarily causing hurt to extort confession (Section 119(2) BNSS)

9. Acid attack (Section 66 BNSS)

10. Organised crime or gang-related violence (Special laws + BNSS)

11. Human trafficking (Section 138 BNSS)

12. Attempt to commit suicide while in police custody (Section 113(2) BNSS)

13. Counterfeiting currency notes or government stamps (Section 359 BNSS)

14. Waging war against the state (Section 150 BNSS)

15. Sedition (if charged under other acts — BNSS replaces IPC terminology)

16. Terrorism-related offences (covered under UAPA + BNSS)

17. Habitual offender under special laws (e.g., NDPS Act)

18. Cyber terrorism (Section 66F of IT Act, invoked with BNSS)

19. Criminal conspiracy for major crimes (Section 61 BNSS)

20. Housebreaking at night (Section 305 BNSS)

Many people misunderstand the term "non-bailable offence" and think it means “no bail at all.” But that’s not true.

Let’s clear this misconception in simple and legally accurate language so you can use it in your blog, bail petitions, or explanations to clients:

❗ Misconception: "Non-bailable means no bail"

Most people think:

“If someone is accused of a non-bailable offence, they can never get bail.”

This is false.

✅ Legal Truth: Bail is possible in non-bailable offences — but not automatic

🔍 What “non-bailable” really means:

• In bailable offences, bail is a right. The police or court must grant bail if the accused is willing to comply with conditions.

• In non-bailable offences, bail is not a right.
  👉 The court has the power to reject or allow bail depending on:

  • Nature and seriousness of the offence

  • Previous criminal record

  • Chances of the accused fleeing

  • Possibility of tampering with evidence or influencing witnesses

  • Role in the alleged crime

⚖️ Who grants bail in non-bailable offences?

• For serious non-bailable offences like murder, rape, dowry death, or gang crime, the Sessions Court or High Court considers the bail application.

• In some moderate cases (e.g. criminal breach of trust, cheating involving large sums), a Magistrate may grant bail depending on circumstances.

📝 Example:

A man is accused under Section 420 (Cheating) with ₹10 lakh involved. Though it’s non-bailable, the High Court can grant bail if:

• No prior criminal history

• Co-operating with investigation

• Civil suit already pending

• Allegation is exaggerated or malicious

✨ Key Point for the Public:

"Non-bailable offence" does not mean "bail is impossible" —
It only means bail is not guaranteed and needs court’s approval. 

FAQs on Bailable and Non-Bailable Offences under BNSS, 2023

Q1: What determines whether an offence is bailable or non-bailable under BNSS, 2023?

The classification is based on the nature and severity of the offence. Offences with lesser punishment (typically up to 3 years) are bailable. More serious offences are non-bailable.

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Q2: How are bailable and non-bailable offences defined in BNSS?

While BNSS doesn’t directly define the terms, it adopts the existing structure where offences listed in the First Schedule are either marked as bailable or non-bailable based on punishment and severity.

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Q3: What are some examples of bailable offences under BNSS?

Examples include:

• Causing hurt without dangerous weapons

• Public misconduct

• Cheating of minor financial nature

• Negligent driving

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Q4: How does the BNSS handle provisions for bail in bailable offences?

The accused can apply for bail directly at the police station or before a magistrate. The police are bound to grant bail after obtaining a bail bond or surety.

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Q5: What are examples of non-bailable offences under BNSS?

Non-bailable offences include:

• Murder

• Rape

• Kidnapping for ransom

• Dowry death

• Organised crime

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Q6: How does BNSS govern provisions for bail in non-bailable offences?

The accused must file a formal bail application before a court. The judge evaluates the case based on seriousness, evidence, threat to society, and chances of the accused absconding or interfering with the trial.

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Q7: Is the nature of bail the same for bailable and non-bailable offences?

No. In bailable offences, bail is routine and straightforward. In non-bailable offences, it is conditional and subject to judicial scrutiny.

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Q8: How are the legal provisions for bailable and non-bailable offences distinct under BNSS?

BNSS provides clearer procedures for filing, hearing, and deciding bail applications. It also emphasizes electronic records, making the process faster and more transparent.

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Is Theft a Bailable Offence?

The answer depends on the circumstances. Simple theft, where property value is low and violence is not involved, is usually bailable. However, if the theft involves housebreaking, gang activity, or high-value property, it can become non-bailable.

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Why Does This Difference Matter in Real Life?

If you're accused of a bailable offence, you can usually avoid spending time in jail. For non-bailable offences, you may have to stay in custody until the court hears your bail plea.

For law enforcement, courts, and lawyers, knowing whether an offence is bailable or not helps prioritize cases and ensure proper investigation.

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Conclusion

In 2025, with the implementation of BNSS, understanding the difference between bailable and non-bailable offences is more important than ever. It influences how fast an accused can get bail, what legal steps need to be taken, and how the justice system treats different offences.

Being aware of your rights, the procedures involved, and the seriousness of the offence ensures that you are better prepared legally, whether you are an advocate, an accused, or a common citizen. 

You May Also Like : All You Need to Know About Bail in India: Common Questions and Legal Answers

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