Bailable offence is an offence classified in the First Schedule to the Code of Criminal Procedure, 1973 as one where bail is a matter of right, meaning the accused must be released on bail upon furnishing a bail bond. Under Indian law, bailable offences are defined in Section 2(a) of the CrPC (now Section 2(1)(a) of the Bharatiya Nagarik Suraksha Sanhita, 2023) and bail is governed by Section 436 CrPC (Section 478 BNSS).
Legal definition
The Code of Criminal Procedure, 1973 defines the term as follows:
Section 2(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.
The critical feature of a bailable offence is that bail is an absolute right of the accused, not a matter of judicial discretion. Section 436 CrPC operationalises this right:
Section 436(1): When any person other than a person accused of a non-bailable offence is arrested or detained without warrant by an officer in charge of a police station, or appears or is brought before a Court, and is prepared at any time while in the custody of such officer or at any stage of the proceeding before such Court to give bail, such person shall be released on bail.
The word "shall" in Section 436 is mandatory. Neither the police officer nor the Magistrate has any discretion to refuse bail for a bailable offence. The only requirement is that the accused furnishes a bail bond with or without sureties as the officer or court may require.
New law equivalent: Under the Bharatiya Nagarik Suraksha Sanhita, 2023, Section 2(1)(a) defines "bailable offence" in identical terms. The right to bail for bailable offences is contained in Section 478 BNSS, which corresponds to Section 436 CrPC.
How courts have interpreted this term
Rasiklal v. Kishore Khanchand Wadhwani [(2009) 4 SCC 446]
The Supreme Court affirmed that for bailable offences, the right to bail is absolute and indefeasible. The Court held that the Magistrate cannot refuse bail for a bailable offence on any ground whatsoever. Even considerations such as the likelihood of the accused absconding, tampering with evidence, or the gravity of the offence are irrelevant for bailable offences. The only question is whether the accused is prepared to furnish a bail bond. The Court further clarified that if the accused is indigent and unable to furnish surety, the court must release them on a personal bond.
Sanjay Chandra v. CBI [(2012) 1 SCC 40]
While this case primarily concerned non-bailable offences, the Supreme Court drew a clear distinction: for bailable offences, bail is a matter of right that cannot be denied under any circumstances, whereas for non-bailable offences, bail is a matter of discretion to be exercised judicially. This distinction underscores the fundamental difference between the two categories.
Moti Ram v. State of M.P. [(1978) 4 SCC 47]
Justice V.R. Krishna Iyer held that bail conditions must be reasonable and not so onerous as to render the right illusory. The Court directed that bail amounts should be proportionate to the means of the accused, and that for indigent persons, personal bonds without surety must be accepted. This principle applies with particular force to bailable offences where bail is a matter of right.
Examples of bailable offences
Common bailable offences under the IPC / BNS include:
- Voluntarily causing hurt (Section 323 IPC / Section 115 BNS)
- Assault or criminal force (Section 352 IPC / Section 131 BNS)
- Cheating (Section 417 IPC / Section 318 BNS)
- Mischief causing damage under five hundred rupees (Section 426 IPC)
- Criminal intimidation (Section 506 first part IPC / Section 351 BNS)
- Defamation (Section 500 IPC / Section 356 BNS)
- Public nuisance (Section 290 IPC / Section 292 BNS)
The classification is determined by reference to the First Schedule of the CrPC (Fourth Schedule of the BNSS), not by the perceived seriousness of the offence.
Why this matters
The bailable/non-bailable classification is one of the most important distinctions in Indian criminal law because it directly determines whether an accused person can secure their release as a matter of right or must depend on judicial discretion. For bailable offences, the police officer at the station level must release the accused on bail. There is no need to approach a court, and the accused should not spend even a single night in custody if they are willing to furnish bail.
In practice, this right is frequently violated. Police officers sometimes refuse bail for bailable offences, either out of ignorance of the law or as a form of informal punishment. Accused persons who are unaware of their rights may spend days in custody for bailable offences before being produced before a Magistrate. Practitioners advising clients in bailable matters should insist on station-level bail and, if refused, immediately approach the Magistrate under Section 436 CrPC.
A common misconception is that "bailable" means the offence is not serious. This is not necessarily true. The First Schedule classification is a legislative decision based on the nature and maximum punishment for the offence. Some offences that are socially damaging (such as cheating or defamation) are bailable, while the legal right to bail in such cases remains absolute regardless of the facts of the particular case.
Related terms
Parent concept:
Opposite:
Related classifications:
Related procedures:
Frequently asked questions
Can the police refuse bail for a bailable offence?
No. Under Section 436 CrPC (Section 478 BNSS), bail for a bailable offence is an absolute right. The police officer at the station must release the accused on bail if the accused furnishes a bail bond. If the police refuse, the accused should immediately approach the jurisdictional Magistrate.
What if I cannot afford surety for a bailable offence?
Under the proviso to Section 436 CrPC, if an indigent person accused of a bailable offence is unable to furnish surety within one week of arrest, the court must release them on a personal bond without surety. The Supreme Court in Moti Ram v. State of M.P. (1978) reinforced that bail conditions must not be so excessive as to defeat the right to bail.
Is there a difference between bailable and compoundable offences?
Yes. "Bailable" refers to whether bail is a right or discretion. "Compoundable" refers to whether the offence can be settled between the parties with court permission under Section 320 CrPC (Section 359 BNSS). An offence can be bailable but not compoundable, or non-bailable but compoundable.
Can the court impose conditions while granting bail for a bailable offence?
The court can impose reasonable conditions in the bail bond, such as appearing on specified dates and not leaving the jurisdiction without permission. However, the court cannot refuse bail itself for a bailable offence. The conditions must be reasonable and proportionate under Section 436 CrPC.
This entry is part of the Veritect Indian Legal Glossary, a comprehensive reference of Indian legal terminology grounded in statutory text and judicial interpretation.
Last updated: 2026-03-27. Veritect provides this content for informational purposes and does not constitute legal advice.