non-bailable offense

Shivendra Pratap Singh

Advocate

High Court Lucknow

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A non-bailable offense refers to a category of criminal offenses in which bail is not granted as a matter of right to the accused person. In such cases, the accused must apply for bail and the court has the discretion to grant or deny bail based on the facts and circumstances of the case. Non-bailable offenses are generally considered more serious or grave offenses that warrant stricter control over the release of the accused during the pendency of the trial.

In India, the distinction between bailable and non-bailable offenses is defined in the Code of Criminal Procedure (CrPC). The CrPC provides a list of offenses that are classified as non-bailable. Some common examples of non-bailable offenses include murder, rape, kidnapping, robbery, terrorism-related offenses, certain drug-related offenses, and offenses under special acts like the Prevention of Corruption Act.

When a person is accused of a non-bailable offense, the police have the authority to arrest the person without a warrant if they have reasonable grounds to believe that the accused has committed the offense. Once arrested, the accused is presented before a magistrate who decides whether to grant bail or keep the person in custody.

In the case of non-bailable offenses, the accused can apply for bail before the court. The court then considers various factors such as the nature and seriousness of the offense, the likelihood of the accused tampering with evidence, influencing witnesses, or absconding, and the overall interest of justice before deciding whether to grant bail. The burden of proof lies on the accused to show that they are entitled to bail.

It is important to note that even in non-bailable offenses, if the prosecution fails to file a charge sheet or complete the investigation within a specified time limit, the accused may be eligible for default bail, as mentioned in my previous responses.