Bailable Offence vs. Non-Bailable Offence: What's the Difference?
Edited by Aimie Carlson || By Janet White || Published on February 24, 2024
Bailable offences allow the accused to secure release on bail, whereas non-bailable offences do not typically permit bail without court intervention.
Key Differences
A bailable offence is one where the defendant has the right to secure release on bail, often based on a fixed schedule. In contrast, a non-bailable offence usually requires the defendant to petition the court for bail, as these crimes are considered more serious.
Bailable offences generally involve lesser degrees of criminality, implying a lower threat to society. Non-bailable offences, conversely, are associated with higher degrees of criminality and pose a greater threat, thereby restricting the ease of obtaining bail.
The presumption of bail in bailable offences underscores the principle of treating an accused as innocent until proven guilty. Non-bailable offences, however, are treated with greater caution due to the nature and gravity of the crime involved.
In the context of bailable offences, the legal system prioritizes the accused's liberty, whereas, in non-bailable offences, public safety and the seriousness of the crime take precedence.
Bailable offences are handled with a presumption towards granting bail, making the judicial process less stringent for the accused. Non-bailable offences, however, involve a more rigorous judicial scrutiny before bail is considered.
ADVERTISEMENT
Comparison Chart
Eligibility for Bail
Generally entitled to bail by right.
Bail not a right, subject to court's discretion.
Nature of Crime
Less serious and poses minimal threat.
More serious and often poses higher threat.
Judicial Approach
Presumption in favor of granting bail.
No presumption; bail granted under strict conditions.
Impact on Accused's Liberty
Lesser restrictions, prioritizes freedom.
Greater restrictions, prioritizes public safety.
Legal Procedure
Simplified process for release.
Complex and stringent process for bail consideration.
ADVERTISEMENT
Bailable Offence and Non-Bailable Offence Definitions
Bailable Offence
They are offenses where bail is granted based on a predetermined schedule of offenses.
Caught for graffiti, a bailable offence, he was released on bail according to the preset schedule.
Non-Bailable Offence
They are characterized by a complex bail process, often involving stringent conditions for release.
Accused of manslaughter, a non-bailable offence, he faced a challenging process to secure bail.
Bailable Offence
A bailable offence is a crime for which the defendant may obtain release on bail as a matter of right.
For a petty theft, a bailable offence, the accused was released on bail immediately.
Non-Bailable Offence
Non-bailable offences prioritize public safety over the accused’s liberty, often leading to stricter bail conditions.
For a non-bailable offence of drug trafficking, he remained in custody pending a thorough bail hearing.
Bailable Offence
These are less severe crimes where provisional liberty through bail is usually assured.
For his involvement in a bailable offence of disorderly conduct, he was able to post bail and leave custody.
Non-Bailable Offence
Non-bailable offences are those where the severity of the crime necessitates a court hearing for bail consideration.
In a case of embezzlement, a non-bailable offence, the accused had to apply for bail in court.
Bailable Offence
Bailable offences are those where bail is a statutory right depending on the nature of the crime.
In the case of a minor traffic violation, a bailable offence, the driver was quickly granted bail.
Non-Bailable Offence
These offenses are deemed too grave for automatic bail and require a detailed judicial review.
Charged with aggravated assault, a non-bailable offence, his bail application was carefully reviewed by the court.
Bailable Offence
Bailable offences are characterized by the accused's eligibility to secure freedom pending trial.
Accused of a bailable offence, shoplifting, she was able to post bail.
Non-Bailable Offence
A non-bailable offence is a serious crime where bail is not a guaranteed right and is subject to judicial discretion.
For armed robbery, a non-bailable offence, the accused awaited the judge's decision on bail.
FAQs
What is a bailable offence?
A bailable offence is one where bail is available as a legal right, typically for less serious crimes.
How does the court decide bail in non-bailable offences?
The court considers the crime's seriousness, the evidence, and the risk of the accused fleeing.
Can the police grant bail in bailable offences?
Yes, the police can often grant bail in bailable offences.
What defines a non-bailable offence?
A non-bailable offence is a more serious crime where bail is not a right but subject to court discretion.
Are non-bailable offences always denied bail?
No, bail can be granted in non-bailable offences, but it is at the discretion of the court.
What are common non-bailable offences?
Examples include murder, rape, and large-scale drug trafficking.
Do non-bailable offences require a lawyer for bail?
While not mandatory, a lawyer is highly recommended for navigating the complex bail process in non-bailable offences.
What is the usual bail amount for a bailable offence?
It varies based on the offence but is generally set at a lower amount for bailable offences.
What happens if bail conditions are violated in a non-bailable offence?
Violating bail conditions in a non-bailable offence can lead to immediate arrest and bail revocation.
Can bail be denied for a bailable offence?
In rare cases, based on specific circumstances, bail can be denied in a bailable offence.
Can bail conditions be imposed in bailable offences?
Yes, courts can set conditions like travel restrictions or regular check-ins.
What factors influence bail decisions in bailable offences?
Factors like the nature of the crime, the accused's history, and the evidence influence bail in bailable offences.
Is bail automatic in all bailable offences?
Generally, yes, but judicial discretion can play a role in certain circumstances.
What role does a judge play in bailable offence bail?
The judge ensures the bail process aligns with legal provisions and the accused's rights.
Can bail be appealed in non-bailable offences?
Yes, bail decisions in non-bailable offences can be appealed in higher courts.
What's the impact of a non-bailable offence on a criminal record?
A non-bailable offence can have a significant impact, often indicating a serious crime on one's criminal record.
Is there a time limit for granting bail in bailable offences?
There's no strict time limit, but it's typically faster than in non-bailable offences.
How does public safety factor in bail for non-bailable offences?
Public safety is a major consideration, often leading to stricter scrutiny and bail conditions.
Can a bailable offence become non-bailable?
Yes, if circumstances change or additional charges are added, a bailable offence can become non-bailable.
Are repeat offenders granted bail in non-bailable offences?
Repeat offenders face a tougher time getting bail in non-bailable offences, depending on the crime's nature.
About Author
Written by
Janet WhiteJanet White has been an esteemed writer and blogger for Difference Wiki. Holding a Master's degree in Science and Medical Journalism from the prestigious Boston University, she has consistently demonstrated her expertise and passion for her field. When she's not immersed in her work, Janet relishes her time exercising, delving into a good book, and cherishing moments with friends and family.
Edited by
Aimie CarlsonAimie Carlson, holding a master's degree in English literature, is a fervent English language enthusiast. She lends her writing talents to Difference Wiki, a prominent website that specializes in comparisons, offering readers insightful analyses that both captivate and inform.
