BAILABLE/ NON-BAILABLE OFFENCE: Section 2(a)—
[Mental Appetizers:
- Discuss bailable and non-bailable offence. (Hint: Section 2(a))
- Whether bail can be granted in non-bailable offences? (Hint: Yes, but by the court only)
- Who can grant bail in bailable offences? (Hint: Both Police or Court)
- Who can grant bail in non-bailable offences? (Hint: Court only)
- Whether the court can exercise remand to send in police custody for future investigation in BO and NBO? (Hint: ‘NO’ in BO while ‘YES’ in NBO) but remand not beyond 15 days at a time]
- What are the differences b/w BO and NBO?]
From the bailability point of view, offences are ‘bailable offence’ and ‘non-bailable offence’. The provisions relating to bail are detailed in Chapter 33 (Sections 436-450) of the Code.
BAILABLE OFFENCE:
Both bailable offence (BO) & non-bailable offence (NBO) have been defined under Section 2(a). A “Bailable Offence” (BO) is the offence: (UPAPO-2011)
- shown as bailable in the First Schedule (Column V) of the P.C.
- bailable by any other law for the time being in force.
- punishable upto 3 years imprisonment or fine only as stated under First Schedule (Column V), Part II.
NON-BAILABLE OFFENCE:
Section 2(a) also defines “Non-bailable Offence” (NBO). The definition of NBO under Section 2(a) is negative. NBO means an offence:
- not shown as bailable offence in the First Schedule of Cr.P.C.
- not bailable by any other law for the time being in force.
NBO does not mean that bail is not granted to the offender. It simply means that bail can be granted in the discretion of the court on the well established principles. (Delhi APP-10)
BO vs. NBO:
- Nature—BO is comparatively less serious in nature than the NBO.
- Bail by whom—In BO, bail is granted by the police or the court. Whereas in NBO bail may be granted by the court only.
- Duty vs. discretion—In BO, bail is granted to the accused if he is prepared to give bail or on recognizance. While in NBO, granting of bail depends upon the discretion of the court.
- Statutory provisions—BO is offence which is shown as bailable in the First Schedule (Column V) or is made bailable by any other law for the time being in force. While NBO means any other offence.
- Remand—In BO, the Court can not remand the accused to the police custody if he is prepared to give bail. Whereas in NBO, the court may remand the accused to the police custody.
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