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List of Bailable and Non-Bailable Offences


What are Bailable Offences in India?

In India, bailable offences refer to criminal acts in which a charged individual can seek bail following arrest. Bail is a lawful method empowering those secured and accused of bailable wrongdoing to accomplish impermanent opportunity while anticipating preliminary.

Offences with Lesser Punishments: Offences that are culpable with generally lighter sentences are frequently considered bailable. For example, simple attacks, negligible burglary, and cheating might be bailable offences.

Offences Not Including Serious Violence: Numerous offences, not including extreme actual damage or an immediate danger to public security, are named bailable. For example, offences causing hurt (Section 323 IPC) or wrongful restraint (Section 341 IPC) might be bailable.

Minor Property Damage: Offences may also be bailable, including minor property damage or moderately small monetary losses. For example, naughtiness-related infringement (Section 427 IPC) might be considered bailable.

Economic Offenses: Inescapable financial errors and white-class offences are chiefly centred around lousy financial behaviour, such as express deception or misappropriation. Depending on the circumstances and the trapped cash-related size, these offences may be bailable.

Offences Connected with Insult or Defamation: Offences connected to defamation (Section 500 IPC) or the affront to a lady’s humility (Section 509 IPC) are commonly bailable offences.

Controversies with the State

Certain offences against the state can be classified as similar in certain circumstances. For example, perjury, covered under Section 194 IPC, and infractions related to electoral matters, such as Section 171 of the Representation of People Act, may also fall under this classification. It is important to note that the classification of these offences may depend on specific conditions and factors.


Section Offence Description
140 Unauthorised wearing of a soldier’s garb, sailor, airman
144 Punishment for participating in an unlawful assembly
154 Owner or occupier of land hosting an unlawful assembly
158 Owner or occupier of land hosting an unlawful assembly
166 Public servants disobeying directions under the law
167 Public servants framing an incorrect document
177 Furnishing false information
181 Making a false statement on oath to public servants
186 Disobedience to an order duly promulgated by a public servant
189 Threat of injury to a public servant
191 Giving false evidence
195A Threatening any person to give false evidence
203 Giving false information regarding an offence
210 Fraudulently making a false claim in court
223 Escape from confinement or custody negligently suffered by a public servant
213 Accepting gifts to screen an offender from punishment
228 Intentional insult or interruption to a public servant sitting in judicial proceedings
264 Fraudulent use of a false instrument for weighing
269 Negligent act likely to spread infectious disease dangerous to life
279 Rash driving or driving in a public vehicle
283 Danger or obstruction in a public way or line of navigation
292 Sale of an obscene book
297 Trespassing on burial places
304A Punishment for causing death by negligence
309 Attempt to commit suicide
318 Concealment of birth by secret disposal of the body
323 Causing hurt
349 Using force
354D Stalking
363 Punishment for Kidnapping
417 Punishment for Cheating
426 Punishment for Mischief
447 Punishment for Criminal trespass
465 Forgery
477A Falsification of accounts
489C Possession of forged currency notes or banknotes
494 Marrying again during the lifetime of a husband or wife
496 The marriage ceremony was fraudulently gone through without a lawful marriage
498 Enticing, taking away, or detaining with criminal intent
500 Punishment for Defamation
506 Criminal intimidation
509 Word, gesture, or act intended to insult the modesty of a woman
510 Misconduct in public by a drunken person

What are Non-Bailable Offenses in India?

A non-bailable offence is an offence in India for which bail can’t be conceded as a right. These severe offences deserve detainment for over three years. Instances of non-bailable offences incorporate assault, murder, illegal exploitation, seizing, falsifying, and psychological warfare. In India, any offence deserving of death or life detainment is non-bailable. For the most part, the court has the watchfulness to concede bail to a denounced in a non-bailable offence, however, solely after considering the current realities and conditions of the case. In specific cases, the court might decline to concede bail even after considering all realities.

Violent Crimes

  • Murder (Section 302 IPC)
  • Attempted murder (Section 307 IPC)
  • Rape (Section 376 IPC)
  • Dacoity (Section 395 IPC)
  • Psychological oppression-related offences (under the different enemies of anti-terrorism laws)

Offences Including Grave Dangers to Public Safety

Offences connected with explosives and firearms essentially threaten public safety and public safety.

Specific drug dealing trafficking includes vast amounts of narcotics.

Economic and Financial Offences

Economic and financial offences are non-bailable in India, as are extensive financial frauds under the SEBI Act or PMLA and currency counterfeiting (Sections 489-A to 489-E IPC).

Offences Against the State and Public Order

  • Dissidence (Section 124-A IPC) includes acts to impel estrangement against the public authority (Government).
  • They are waging war against the Government of India (Section 121 IPC).
  • Offences connected with advancing hatred between various gatherings (Section 153A IPC).
  • In India, non-bailable offences also apply to certain crimes covered by anti-terrorism laws like the Unlawful Activities (Prevention) Act (UAPA).

Repeat Offenders

People with a background marked by convictions or those considered to have committed habitual offences might find getting bail for different offences more challenging.

Flight Risk

Bail for non-bailable offences might be denied, assuming the court is motivated to accept that the blamed is in danger of fleeing or avoiding the judicial proceedings.

Offences Involving Serious Harm to Children

Crimes involving severe harm to children, child trafficking, and other crimes against minors are frequently categorized as non-bailable in India. It’s critical to comprehend that in any event, for non-bailable offences, the general set of laws considers getting bail. In any case, this typically requires the denounced to move toward the court and present convincing reasons for their delivery on bail.

In such cases, the court might force severe circumstances as a safeguard, including giving up identifications, occasional reporting to the police, or posting a significant bond. These measures prevent the accused from evading capture or interfering with the investigation.


Section     Offence Description
121 Engaging in or attempting to engage in war, or aiding the waging of war, against the Government of India
124A Sedition
131 Abetting mutiny or attempting to entice a soldier, sailor, or airman
172 Absconding to evade the service of summons
232 Counterfeiting Indian currency
238 Import or export of counterfeit Indian currency
246 Fraudulently diminishing the weight of a coin
255 Counterfeiting government stamps
274 Adulteration of drugs
295A Deliberate and malicious acts intended to outrage the religious feelings of any class by insulting religious beliefs
302 Punishment for murder
304 Punishment for culpable homicide not amounting to murder
304B Dowry death
306 Abetment of suicide
307 Attempt to murder
308 Attempt to commit culpable homicide
369 Abduction of a child under the age of 10 years
370 Trafficking of persons
376 Punishment for rape
376D Gang rape
377 Unnatural offence
379 Punishment for theft
384 Punishment for extortion
392 Punishment for robbery
395 Punishment for dacoity
406 Punishment for criminal breach of trust
411 Dishonestly receiving stolen property
420 Cheating and dishonestly inducing the delivery of property
489A Counterfeiting currency notes or banknotes
498A Husband or relatives of the husband subjecting a woman to cruelty


Recognizing bailable and non-bailable offences inside India’s law enforcement framework is critical. This order blends a singular’s privilege to freedom with the basic of shielding society from possible damage. A thorough comprehension of this lawful separation holds central significance for legitimate professionals and the more extensive people, as it significantly shapes the conventions overseeing the movement of criminal cases and the protection of individual freedoms inside the lawful design. On all occasions, looking for counsel from lawful specialists is fundamental for productively and equitably exploring the multifaceted intricacies of bail and the overall set of laws.

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G.Durghasree B.A.B.L (Hons)

G Durghasree B.A.B.L (Hons) is a registered trademark attorney with extensive experience as an Advocate for a period of 8 years. She possesses expertise in trademark law, including trademark filing and trademark hearings. Additionally, she is skilled in contract drafting and reviewing, providing legal advice and opinions, particularly in the areas of Company Law, Insolvency and Bankruptcy Code (IBC), and Goods and Service Tax Law (GST). Her experience encompasses both litigation and non-litigation aspects of these laws.