𝑩𝒂𝒊𝒍𝒂𝒃𝒍𝒆 𝒗𝒔 𝑵𝒐𝒏-𝑩𝒂𝒊𝒍𝒂𝒃𝒍𝒆 𝑶𝒇𝒇𝒆𝒏𝒄𝒆𝒔: 𝑬𝒙𝒑𝒍𝒂𝒊𝒏𝒆𝒅 𝑺𝒊𝒎𝒑𝒍𝒚
𝑩𝒂𝒊𝒍𝒂𝒃𝒍𝒆 𝒗𝒔 𝑵𝒐𝒏-𝑩𝒂𝒊𝒍𝒂𝒃𝒍𝒆 𝑶𝒇𝒇𝒆𝒏𝒄𝒆𝒔: 𝑬𝒙𝒑𝒍𝒂𝒊𝒏𝒆𝒅 𝑺𝒊𝒎𝒑𝒍𝒚
In Indian criminal law, offences are classified as bailable or non-bailable based on their seriousness. This classification determines whether an accused person has a right to bail or must seek the court’s discretion.
Bailable offences are generally less serious. In such cases, bail is a legal right of the accused. The police officer in charge or the magistrate must grant bail once the required conditions, such as a bail bond or surety, are fulfilled. Examples often include minor hurt or public nuisance offences.
Non-bailable offences are more serious in nature. Here, bail is not a matter of right. Only a court can grant bail after considering factors such as the gravity of the offence, evidence, risk of absconding, and impact on society. Police cannot grant bail on their own in these cases.
The consequences of this distinction are important. In bailable offences, denial of bail is illegal. In non-bailable offences, bail may be granted or refused depending on judicial discretion. However, refusal of bail does not mean guilt; it only affects temporary liberty during investigation or trial.
Understanding this difference helps citizens know their rights and reduces confusion during legal proceedings.
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