Bailable and Non-bailable Offences
- Under the Code of Criminal Procedure, offences have been classified
as ‘bailable’ and ‘non-bailable’ offences.
- In the case of bailable offences, it is binding upon the
investigating officer to grant bail. However, in case of a
non-bailable offence the police do not grant bail. The decision is
taken by a Judicial Magistrate/Judge only.
- In the case of a bailable offence, if the accused produces proper
surety after his arrest, and fulfills other conditions, it is binding
upon the Investigating officer to release him.
- In the case of a non-bailable offence, the Investigating Officer
must produce the accused before the Judicial Magistrate/Judge
concerned within 24 hours of the arrest. At that time, the accused has
a right to apply for bail himself or through his
- Similarly, if the accused has been subjected to any misbehavior by
police after arrest, he has an opportunity to complain against the
same before the Judicial Magistrate/Judge.