WHAT IS NON –BAILABLE OFFENCE ? गैर जमानती अपराध क्या है? I ناقابل ضمانت جرم کیا ہے؟

A Non-Bailable offense is an offense which is of a serious nature and in respect of which the accused is not entitled to bail as a matter of right. These serious crimes carry a prison sentence of more than three years and the police have no authority to grant bail to the accused, and only the court grants bail.

If a person is arrested for a Non-Bailable offence, the police do not have the power to grant bail.

However, when a person is produced before the Magistrate in a Non-Bailable offence, he/she has a right to file an application for getting Bail, and the Magistrate has the power to grant him/her Bail. However it is a matter of discretion of the Court to grant or refuse the Bail.

As per Section 2 (a) of the Criminal Procedure Code, Non-Bailable Offenses includes all those offenses which are not included in Bailable offence in the First Schedule, and further, the First Schedule in its Second Part at its end has defined the Non -Bailable offense as the offenses which are punishable with death, imprisonment of life or imprisonment for more than seven (7) years.

Hence, if you have involved in any non-bailable offence, then you can move an application for Bail before the Judicial Magistrate, who is conducting the trial.

When you filed an application for getting bail from the Court, then usually it listed for hearing on the next day of the filing of application, and the police along with the arrested person shall also present at the time of hearing on the application of Bail.

Further, on hearing of the application, if the Magistrate is satisfied with the grounds of Bail, then the Accused granted Bail from the Court, otherwise rejected.

The following Offences are Non-Bailable 

1. Section 121- Waging or attempting to wage war, or abetting the waging of war, against the Government of India
2. Section 124A- Sedition
3. Section 131- Abetting mutiny or attempting to seduce a soldier, sailor or airman
4. Section 172 Absconding to avoid service of summons
5. Section 232- Counterfeiting Indian coin
6. Section 238- Import or export of counterfeiting Indian coin
7. Section 246- Fraudulently diminishing weight of coin
8. Section 255- Counterfeiting of government stamp
9. Section 274- Adulteration of drug
10. Section 295A- Deliberate and, malicious act intended to outrage religious feelings of any class, by insulting religious beliefs
11. Section 302- Punishment for murder
12. Section 304- Punishment for Culpable homicide not amounting to murder
13. Section 304B- Dowry death
14. Section 306- Abetment of suicide
15. Section 307- Attempt to murder
16. Section 308- Attempt to commit culpable homicide
17. Section 369- Abduction of child under the age of 10 years
18. Section 370- Trafficking of person
19. Section 376- Punishment for Rape
20. Section 376D- Gang rape
21. Section 377- Unnatural offence
22. Section 379- Punishment for theft
23. Section 384- Punishment for extortion
24. Section 392- Punishment for robbery
25. Section 395- Punishment for dacoity
26. Section 406- Punishment for criminal breach of trust
27. Section 411- Dishonestly receiving stolen property
28. Section 420- cheating and dishonestly inducing delivery of property
29. Section 489A- Counterfeiting currency notes or bank notes
30. Section 498A- Husband or relatives of husband of a woman subjecting her to cruelty.