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Bailable offence is one where the defendant (the one who is defending himself in a criminal case) may be able to secure his release upon the payment of bail. These are the cases where the grant of bail is a matter of course and right.
If a person is held under a non-bailable offence, he cannot claim the grant of bail as a matter of right. But the law gives special consideration in favor of granting bail where the accused is under sixteen, a woman, sick or infirm, or if the court is satisfied that it is just and proper for any other special reason to give rather than refuse bail.
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 upto 10 years along with fine |
124A | Sedition. | Non-bailable | Imprisonment for life and fine or Imprisonment 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 | nb | 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 |
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