The Bharatiya Nagarik Suraksha Sanhita (BNSS) and formerly the Code of Criminal Procedure (CrPC) classifies offences into two main types:
- Bailable offences
- Non-bailable offences
Bailable offences
Bailable offences are usually less bad or less heinous offences in which the accused has a legal right to be released on bail. The police officer or the court must grant bail if the accused is willing to furnish a bail bond or surety.
Indian courts have often said that bail is the rule and jail is the exception.
Non-bailable offences
Non-bailable offences, on the other hand, are usually more serious crimes in which bail is not a matter of right. The accused person must apply to a court for bail, and the court has discretion to grant or refuse bail. Indian courts consider several factors before deciding to give an accused bail in non-bailable offences. Generally, these factors are:
- Nature and gravity (seriousness) of the offence
- The possibility of the accused person fleeing justice
- The likelihood of the accused influencing or harassing the witnesses
- The probability of the accused person tampering with the relevant evidence related to his case
- Safety of the community and public interest
- Prior criminal record of the accused
- Strength of the prosecution’s evidence
Note: The Bharatiya Nagarik Suraksha Sanhita uses the term ‘non-bailable offences’, but some people also call it ‘unbailable offence.’
Examples of bailable offences
- Causing simple hurt
- Wrongful restraint
- Defamation
- Public nuisance
- Negligent conduct with machinery
- Negligent conduct with animals
- Intentional insult-provoking breach of peace
- Rash or negligent driving
- Causing death by negligence
- Disobedience to a public servant’s order
- Simple trespass
- Simple criminal intimidation
- Mischief causing minor damage
Examples of non-bailable offences
- Murder
- Attempt to murder
- Culpable homicide not amounting to murder
- Rape
- Gang rape
- Acid attack
- Dowry death
- Kidnapping for ransom
- Dacoity
- Robbery causing grievous hurt
- Human trafficking
- Terror-related acts
- Offences against the State (country)
- Aggravated criminal intimidation
- Mischief causing major damage may become non-bailable
Characteristics of bailable offences
Bailable offences are generally less serious crimes that carry lighter punishment, usually a fine or short-term simple imprisonment. As per Section 478 of the BNSS and Section 436 of the CrPC, in addition to the competent court, police can also grant bail at the police station for such offences.
Note: As mentioned above, bailable offences usually carry light punishment, but that’s not always the case. For example, causing death by negligence is bailable, but it carries a severe punishment of fine and imprisonment for 5 years.
Characteristics of non-bailable offences
Non-bailable offences are more serious crimes that generally involve grave harm to individuals or society. These offences mostly carry severe punishments such as the death penalty, life imprisonment, or long-term imprisonment (usually 7 years or more).
Unlike bailable offences, the police cannot grant bail as a matter of right in non-bailable offences. In some situations, however, the police may release the accused on bail, but this depends on the circumstances and legal provisions (read Section 480 of BNSS for more information). Ultimately, the decision regarding bail for non-bailable offences generally lies with the court.
Note: Some non-bailable offences can have less than 7 years of punishment. For example, committing organised crime that has not resulted in the death of any person can have a punishment of less than 7 years but more than 5 years. (Read Section 111 of BNS)
Official definitions under BNSS and CrPC
Both bailable and non-bailable offences are defined under Section 2(c) of the Bharatiya Nagarik Suraksha Sanhita, 2023. It says:
(c) “bailable offence” means an offence which is shown as bailable in the First Schedule, or which is made bailable by any other law for the time being in force; and “non-bailable offence” means any other offence.
Section 2 (a) of the old Code of Criminal Procedure, 1973 (CrPC) also had the exact same definitions of bailable and non-bailable offences. It said:
(a) “bailable offence” means an offence which is shown as bailable in the First Schedule, or which is made bailable by any other law for the time being in force; and “non-bailable offence” means any other offence.
You’ll find mentions of bailable or non-bailable offences in several places throughout BNSS.
The most relevant is the First Schedule of the Bharatiya Nagarik Suraksha Sanhita, which properly lists many offences under the Bharatiya Nyaya Sanhita (BNS) and whether they are bailable or non-bailable.
Secondly, Chapter 35 (XXXV) of the Bharatiya Nagarik Suraksha Sanhita, which talks about ‘Provisions as to bail and bonds,’ is also directly related to this topic.
And in Chapter 35, focus on these Sections:
- Section 478: In what cases bail to be taken
- Section 480: When bail may be taken in case of non-bailable offence
- Section 482: Direction for grant of bail to person apprehending arrest
- Section 483: Special powers of High Court or Court of Session regarding bail
Non-bailable offences in other laws
The First Schedule of the Bharatiya Nagarik Suraksha Sanhita mentions several sections of the Bharatiya Nyaya Sanhita and whether the offences in them are bailable or non-bailable.
In addition to BNS, several special statutes/Acts also create offences that are classified as non-bailable. Here are some examples:
- UAPA, 1967: Terrorism, unlawful association, funding terror, membership of terrorist organisations
- NDPS Act, 1985: Commercial quantity drug trafficking (but small quantity offences can be bailable)
- PMLA, 2002: Money laundering (stringent bail conditions under S.45)
- POCSO Act, 2012: Penetrative sexual assault on children
- IT Act, 2000: Cyberterrorism (Section 66F)
- Arms Act, 1959: Illegal possession or use of prohibited arms or ammunition (but minor Arms Act offences may be bailable)
- SC/ST Act, 1989: Atrocities against Scheduled Castes and Scheduled Tribes
Special bail restrictions
Some laws impose twin conditions for bail, which makes it even harder for the accused to obtain bail: For example:
- PMLA (Section 45): The court must be satisfied that the accused is not guilty and will not commit any offence while on bail. This is a very high bar.
- UAPA (Section 43D(5)): Bail cannot be granted if the court finds a prima facie case against the accused based on the chargesheet.
- NDPS Act (Section 37): Similar twin conditions for commercial quantity drug offences.
- Bailable and non-bailable offences under BNSS - 7th March 2026
- Section 1 BNS (Bharatiya Nyaya Sanhita) - 3rd March 2026
- Section 2 BNS (Bharatiya Nyaya Sanhita) - 3rd March 2026
