Power Of Courts To Grant Bail In Non-Bailable Offences

The Code of Criminal Procedure, 1973 (hereinafter called “CrPC”) defines Bailable Offence to “mean 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.1” The distinction between Bailable and
Non-Bailable Offences is based on the gravity of the offence, danger of accused absconding, tampering of evidence, previous conduct, health, age and sex of the accused person2. Though the schedule for classification of offences as Bailable or Non Bailable is provided in CrPC; however, it is mostly the offences which are punishable with imprisonment for not less than three years that are classified as Non-Bailable. Read More

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