Bailable offence
Topic: Justice Delivery: Subordinate Courts, Tribunals, Legal Aid and Judicial Reforms · NCERT: Beyond NCERT
Meaning
A bailable offence is one where bail is a right. Bail means release from custody on a bond, a promise to appear in court. If the accused can give the bail, the police or the court must release them. They have no choice in the matter. This rule now sits in s.478 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023. It reflects the principle "bail is the rule, jail the exception" (Balchand, 1977). It protects people accused of less serious crimes from being held without need.
Example
Suppose a person is arrested for a minor bailable offence. They offer a bond, with a surety if needed. The police must release them. They cannot keep the person in custody just because they want to.
Don't confuse with
- Non-bailable offence: here bail is not a right. The court decides at its discretion (BNSS s.480), weighing how serious the charge is and the risk that the accused will run away.
Related concepts
- Bail
- Non-bailable offence
- Anticipatory bail
- Default bail
- Satender Kumar Antil case
- Plea bargaining
- Undertrial prisoner
- Maximum detention of undertrials
- Model Prisons and Correctional Services Act 2023