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Legal Yojana

Bailable AND Nonbailable offence

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.


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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 womansick 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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