Welcome! In this section, you will find frequently asked questions related to non-bailable offenses. Non-bailable offenses are serious criminal offenses that carry severe punishments and the accused may not be granted bail as a matter of right. We hope that these FAQs will help clarify any questions you may have about the legal system and the procedures surrounding non-bailable offenses.
What are non-bailable offenses?
Ans: Non-bailable offenses are those criminal offenses where the accused person cannot be granted bail as a matter of right. In other words, the accused has to show sufficient cause to the court as to why he or she should be released on bail.
What are the types of non-bailable offenses?
Ans: There are various types of non-bailable offenses, including murder, rape, dacoity, terrorism, sedition, kidnapping for ransom, and several others. The list of non-bailable offenses is provided in the Code of Criminal Procedure.
What is the difference between bailable and non-bailable offenses?
Ans: Bailable offenses are those criminal offenses where the accused person can be granted bail as a matter of right. Non-bailable offenses, on the other hand, are those where the accused has to show sufficient cause to the court as to why he or she should be released on bail.
Can a person be released on bail for a non-bailable offense?
Ans: Yes, a person can be released on bail for a non-bailable offense, but he or she has to show sufficient cause to the court as to why he or she should be released on bail.
What is the process to obtain bail for a non-bailable offense?
Ans: The process to obtain bail for a non-bailable offense involves filing a bail application before the relevant court, stating the grounds on which bail is being sought. The court will then consider the application and decide whether to grant bail or not.
What factors does the court consider while deciding on a bail application for a non-bailable offense?
Ans: The court considers several factors while deciding on a bail application for a non-bailable offense, including the nature and gravity of the offense, the antecedents of the accused, the likelihood of the accused tampering with evidence or influencing witnesses, and the possibility of the accused fleeing from justice.
Can a person be arrested without a warrant for a non-bailable offense?
Ans: Yes, a person can be arrested without a warrant for a non-bailable offense. The police have the power to arrest a person without a warrant in such cases.
What is the punishment for a non-bailable offense?
Ans: The punishment for a non-bailable offense varies depending on the nature and gravity of the offense. It can range from a fine to imprisonment for life or even the death penalty, depending on the country’s laws.
Can person accused of non-bailable offence surrender/appear before the court, if yes, can accused be arrested by the police subsequently?
Ans:Yes, A person accused of the non-bailable offence can surrender or appear by himself before the court, and He can be put into Judicial custody if bail is rejected after hearing the prosecution or Investigating officer.
Whether bail can be granted in serious offences non-compoundable in nature on the ground of compromise between parties?
Ans: Depending on the nature of offence. If offences are purely of personal nature, then bail can be granted but if affect the society at large, then it should not only be the basis of compromise.
Whether pending criminal cases against the accused can be taken into consideration as a relevant factor while deciding bail application?
Ans: Yes
Whether a lower court can grant bail on the ground of parity considering the order of Superior court granting bail to an accused?
Ans. Yes, as held in numerous Judgements that, in the set of facts and circumstances almost similar or identical, when superior courts exercise the powers either under Sections 438 or 439 of the Code, the subordinate Courts are duty bound to consider the same and apply if the same sets of facts are in existences and unless there being any extra ordinary circumstances or striking dissimilarities exist to deviate from the law of parity, the Courts below should consider the same in accordance with law.
Whether quantity of liquor seized should be considered as a ground to grant/reject the bail for the offence under the Gujarat Prohibition Act?
Ans: Quantity of liquor should not be considered as a ground to reject/grant the bail because sometime accused are caught with country made liquor which may be less in quantity but may affect the people’s health at large and accused is repeatedly doing such types of offences.
Bail granted on the ground of parity can be cancelled by Superior Courts?
Ans: Yes, if it appears that the parity was not applicable.
Can the court compel to arrestee of bailable offences to deposit the amount of surety in lieu of bond?
Ans: Court cannot direct the accused to deposit cash security. First of all, the Court has to direct execution of bail bond by the sureties in case if the release is not on his own bond. Only in lieu of that deposit of cash security could be directed as per Section 445.
Is it mandatory to consider injury certificate of the victim at the time of considering bail application for S.324,326 of IPC?
Ans: Yes, to see whether injury is fatal ,grievous or otherwise.