Bailable and Non- bailable Offences

Law Library

Jail

Bailable Offences under IPC

2(a)”bailable offence means an offence which is shown as bailable in the First chedule, or which is made bailable by any other law for the time being in force;

436. In what cases bail to be taken

(1) When any person  accused of a bailable offence is arrested or detained without warrant by an officer in charge of a police station, or appears or is brought before a Court, and is prepared at any time while in the custody of such officer or at any stage of the proceeding before such Court to give bail, such person shall be released on bail:
Provided that such officer or Court, if he or it thinks fit, may, and shall, if such person is indigent and is unable to furnish surety, instead of taking bail from such person, discharge him on his executing a bond without sureties for his appearance as hereinafter provided:
Explanation.- Where a person is unable to give bail within a week of the date of his arrest, it shall be a sufficient ground for the officer or the Court to presume that he is an indigent person for the purposes of this proviso.
Provided further that nothing in this section shall be deemed to affect the provisions of sub-section (3) of section 1161 or section 446A.

(2) Notwithstanding anything contained in sub-section (1), where a person has failed to comply with the conditions of the bail-bond as regards the time and place of attendance, the Court may refuse to release him on bail, when on a subsequent occasion in the same case he appears before the Court or is brought in custody and any such refusal shall be without prejudice to the powers of the Court to call upon any person bound by such bond to pay the penalty thereof under section 446.

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 up to 10 years along  with fine

124A

Sedition.

Non-bailable

Imprisonment for life and fine orImprisonment 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

Non-Bailable

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

511

511 Attempting to commit offences

punishable with imprisonment for life,

or imprisonment, and in such attempt

doing any act towards the commission

of the offence.

According to as the

offence attempted

by the offender is

bailable or not.

Imprisonment for life, or

imprisonment not exceeding

half.of the longest term, provided

for the offence, or fine, or both

Devider