Offence is an act which is punishable by
law. It means that if you break a law then you have committed an offence, hence
it is an action which harms others; disturb the tranquility of a society,
waging war against the State.
As per the Indian Penal Code, 1860, offenses are divided into two categories:
👉Bailable Offence
👉Non-Bailable Offence
Bailable Offence:
The
offense, where Bail is a matter of right is termed as Bailable offences.
Bailable
offenses are those offenses or crimes, which are not very serious in nature.
Section
2(a) of Criminal Procedure Code defines the Bailable Offenses, as the offense
that has been shown in the First Schedule as Bailable or which is made Bailable
by any other law for the time being in force.
The
first schedule of the Criminal Procedure Code is divided into two parts: -
➣Offences
which are given under IPC
➣Offences
which are given under other laws.
As
per Section 50 of the Criminal Procedure Code, if a person is arrested for
Bailable offence, then it is the duty of police official to inform him, that he
is entitled to be released on Bail after producing surety.
Further
as per Section 436 of Criminal Procedure Code, when a person arrested for a
Bailable offense without warrant, then such person shall be released on bail.
However the Court or the police official is having his power to decide the bail
amount of the surety.
If a
person is arrested in a Bailable offence, the police can immediately release
him on personal surety. He/she does not have to be produced in court.
Hence,
in case of a Bailable offence, bail is a matter of right. The accused is
released on bail after furnishing the bail bonds, and no application is
required to file.
However,
even in Bailable offence, if a person fails to comply with the conditions of
the bail bond, then the Court has the power to reject or cancel the bail.
Supreme
Court of India, in the matter of Rasiklal Versus Kishore, (2009)4 SCC 446,
ruled that a person accused of a Bailable offence is automatically entitled to
be released on bail after furnishing the required surety or bond and such a
right does not depend upon the discretion of the Court or the Police officer.
Generally,
Bailable offenses are those offenses or crimes in which punishment is less than
3 years, but there are some exceptions to this rule.
List of Bailable Offences :
1.
Section 140- Wearing garb or carrying token used by the soldier, sailor or
airman
2.
Section 144-Punishment for unlawful assembly
3.
Section 154- Owner or occupier of land on which unlawful assembly is held
4.
Section 158-Being hired to be part of unlawful assembly or riot
5.
Section 166A-Public servant disobeying direction under law
6.
Section 167-Public servant framing incorrect document
7.
Section 177-Furnishing false information
8.
Section 181-False statement on oath to public servants
9.Section
186-Disobedience to order duly promulgated by public servant
10.
Section 189-Threat of injury to public servant
11.
Section 191- Giving false evidence
12.
Section 195A-Threating any person to give false evidence
13.
Section 203-Giving false information respecting an offense
14.
Section 210 -Fraudulently making false claim in court
15.
Section 223-Escape from confinement or custody negligently suffered by public
servant
16.
Section 213-Taking gift, to screen an offender from punishment
17.
Section 228-Intentional insult or interruption to public servant sitting in
judicial proceeding
18.
Section 264-Fraudulent use or false instrument for weighing
19.
Section 269-Negligent act likely to spread infectious disease dangerous to life
20.
Section 272-Adulteration for food or drink intended for sale
21.
Section 274-Adulteration of Drugs
22.
Section 275-Sale of adulterated drugs
23.
Section 279-Rash driving or riding on a public way
24.Section
283-Danger or obstruction in public way or line of navigation
25.
Section 292-Sale of obscene book
26.
Section 297-Trespassing on burial places
27.
Section 304A-Punishment for causing death by Negligence
28.
Section 309-Attempt to commit suicide
29.
Section 318-Concealment of birth by secret disposal of body
30.
Section 323-Causing hurt
31.
Section 349-Using force
32.
Section 354D-Stalking
33.
Section 363-Punishment for Kidnapping
34.
Section 417-Punishment for Cheating
35.
Section 426-Punishment for Mischief
36.
Section 447-Punishment for Criminal trespass
37.
Section 465-Forgery
38.
Section 477A-Falseification of accounts
39.
Section 489C-Possession of forged currency notes or banknotes
40.
Section 494-Marrying again during lifetime of husband or wife
41.
Section 496-Marriage ceremony fraudulently gone through without lawful marriage
42.
Section 498-Enticing or taking away or detaining with criminal intent
43.
Section 500-Punishment for Defamation
44.
Section 506-Criminal intimidation
45.
Section 509-Word, gesture or act intended to insult the modesty of a woman
46. Section 510-Misconduct in public by drunken
person
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