Bailable offence

Legal Drafts

February 18, 2025

Bailable offence is one where the defendant (the one who is defending himself in a criminal case) may be able to secure his release upon the payment of bail. These are the cases where the grant of bail is a matter of course and right.

If a person is held under a non-bailable oﬀence, he cannot claim the grant of bail as a matter of right. But the law gives special consideration in favor of granting bail where the accused is under sixteen, a woman, sick or inﬁrm, or if the court is satisfied that it is just and proper for any other special reason to give rather than refuse bail.

Section	Offence	Bailable/Non -bailable	Punishment
107	Abetment	Depends on the offence	Depends on the offence
120B	Criminal conspiracy to commit an offence punishable with death	Depends on the offence. E.g. for Punishment for murder, Non-bailable	Depends on the offence
121	Waging or attempting to wage war, or abetting the waging of war, against the Government of India	Non-bailable	Imprisonment for life or imprisonment upto 10 years along with fine
124A	Sedition.	Non-bailable	Imprisonment for life and fine or Imprisonment for 3 years and fine or fine.
131	Abetting mutiny or attempting to seduce a soldier, sailor or airman	Non-bailable	Imprisonment for life or 10 years with fine
140	Wearing soldier’s garb, sailor, airman	Bailable	Imprisonment for 3 months along with 500
144	Punishment for unlawful assembly	Bailable	Imprisonment for 6 months with fine
154	Owner or occupier of land on which unlawful assembly is held	Bailable	INR 1000 fine
158	Being hired to be part of unlawful assembly or riot	Bailable	Imprisonment for 6 months up to 2 yrs along with fine
166A	Public servant disobeying direction under law	Bailable	Imprisonment for 6 months up to 2 yrs
167	Public servant framing incorrect document	Bailable	Imprisonment for 3 years and fine

172	Absconding to avoid service of summons	Non bailable	Imprisonment for 1 month or fine INR 1000
177	Furnishing false information	Bailable	Imprisonment for 6 months and fine INR, 1000
181	False statement on oath to public servants	Bailable	Imprisonment for 3 years along with fine
186	Disobedience to order duly promulgated by public servant	Bailable	Imprisonment for 3 months and fine of INR 500
189	Threat of injury to public servant	Bailable	Imprisonment for 2 years along with fine
191	Giving false evidence	Bailable	Imprisonment for seven years along with fine
195A	Threatening any person to give false evidence	Bailable	Imprisonment for seven years along with fine
203	Giving false information respecting an offence	Bailable	Imprisonment for two years along with fine
210	Fraudulently making false claim in court	Bailable	Imprisonment for two years along with fine
213	Taking gift, to screen an offender from punishment	Bailable	Imprisonment for three to seven years along with fine
223	Escape from confinement or custody negligently suffered by public servant	Bailable	Imprisonment for two years along with fine
228	Intentionally insult or interruption to public servant sitting in judicial proceeding	Bailable	Imprisonment for 6 months along with fine of INR 1000

232	Counterfeiting Indian coin	Non bailable	Imprisonment for life or 10 years with fine
238	Import or export of counterfeiting Indian coin	Non bailable	Imprisonment for life or 10 years with fine
246	Fraudulently diminishing weight of coin	Non bailable	Imprisonment for 3 years with fine
255	Counterfeiting of government stamp	Non bailable	Imprisonment for 3 years with fine
264	Fraudulent use or false instrument for weighing	Bailable	Imprisonment for 1 year with fine
269	Negligent act likely to spread infectious disease dangerous to life	Bailable	Imprisonment for 6 months with fine
272	Adulteration for food or drink intended for sale	Bailable	Imprisonment for 6 months with fine of INR 1000
274	Adulteration of drug	Non bailable	Imprisonment for 6 months with fine of INR 1000

275	Sale of adulterated drug	Bailable	Imprisonment for 6 months with fine of INR 1000
279	Rash driving or riding on a public way	Bailable	Imprisonment for 6 months with fine of INR 1000
283	Danger or obstruction in public way or line of navigation	Bailable	INR 200
292	Sale of obscene book	Bailable	Imprisonment for 2 years with fine of INR 2000
295	Injuring places of worship with an intent to insult the religion of any class	nb	Imprisonment for 2 years with fine.
295A	Deliberate and malicious act intended to outrage religious feelings of any class, by insulting religious beliefs.	Non bailable	Imprisonment for 3 years with fine.
297	Trespassing on burial places	Bailable	Imprisonment for 1 years with fine.
302	Punishment for murder	Non bailable	Imprisonment for life term or capital punishment
304	Punishment for Culpable homicide not amounting to murder.	Non bailable	Imprisonment for 10 years with fine
304A	Punishment for causing death by negligence	Bailable	Imprisonment for 2 years.
304B	Dowry death	Non bailable	Imprisonment for 7 years up to life term.
306	Abetment of suicide	Non bailable	Imprisonment for 10 years with fine.
307	Attempt to murder	Non bailable	Imprisonment for 10 years with fine.
308	Attempt to commit culpable homicide	Non bailable	Imprisonment for 3-7 years with fine.
309	Attempt to commit suicide	Bailable	Imprisonment for 1 year or with fine.
318	Concealment of birth by secret disposal of body	Bailable	Imprisonment for 2 years with fine.
323	Causing hurt	Bailable	Imprisonment for 1 years with fine.
349	Using force	Bailable	Imprisonment for 3 months or with fine of INR 500
354D	Stalking	Bailable	Imprisonment for 3 months or with fine.

363	Punishment for Kidnapping	Bailable	Imprisonment for 7 months or with fine
369	Abduction of child under 10	Non bailable	Imprisonment for 7 months or with fine
370	Trafficking of person	Non bailable	Imprisonment for 7-10 years or with fine
376	Punishment for Rape	Non bailable	Rigorous imprisonment for life or not less than 7 years
376D	Gang rape	Non bailable	Imprisonment for 20 years which may extend till life
377	Unnatural offence	Non bailable	Imprisonment for 10 years which may extend till life
379	Punishment for Theft	Non bailable	Imprisonment for 3 years and fine
384	Punishment for Extortion	Non bailable	Imprisonment for 3 years
392	Punishment for Robbery	Non bailable	Imprisonment for 3 years and fine
395	Punishment for Dacoity	Non bailable	Imprisonment for 10 years and fine
406	Punishment for Criminal breach of trust	Non bailable	Imprisonment for 3 years and fine
411	Dishonestly receiving Stolen property	Non bailable	Imprisonment for 3 years and fine
417	Punishment for Cheating	Bailable	Imprisonment for 1 years and fine
420	Cheating and dishonestly inducing delivery of property	Non bailable	Imprisonment for 7 years and fine
426	Punishment for Mischief	Bailable	Imprisonment for 3 months
447	Punishment for Criminal trespass	Bailable	Imprisonment for 3 months and fine of INR 500

465	Forgery	Bailable	Imprisonment for 2 years and fine
477A	Falsification of accounts	Bailable	Imprisonment for 2 years and fine
489A	Counterfeiting currency notes or banknotes	Non bailable	Imprisonment for life and fine
489C	Possession of forged currency notes or banknotes	Bailable	Imprisonment for 7 years and fine

494	Marrying again during lifetime of husband or wife	Bailable	Imprisonment for 7 years and fine
496	Marriage ceremony fraudulently gone through without lawful marriage	Bailable	Imprisonment for 7 years and fine
498	Enticing or taking away or detaining with criminal intent	Bailable	Imprisonment for 2 years and fine
498A	Husband or relative of husband of a woman subjecting her to cruelty	Non bailable	Imprisonment for 3 years and fine
500	Punishment for Defamation	Bailable	Imprisonment for 2 years and fine
506	Criminal intimidation	Bailable	Imprisonment for 2 years for simple offence and 7 years if threat is to cause death or grievous hurt
509	Word, gesture or act intended to insult the modesty of a woman	Bailable	Imprisonment for 3 years and fine
510	Misconduct in public by drunken person	Bailable	Imprisonment for 24 hours and fine of INR 10

Legal Drafts

Bailable offence

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