How to get bail in a non-bailable offence?

Dated: 2024-03-27 11:45:13

Can bail be granted in a non-bailable offence?

Answers by Lawyers

For getting bail in non-bailable offences, a person needs to apply to the Magistrate court for regular bail, but it will solely be the discretion of the court to grant him/her Bail or not.

 

Under Section 437 of CrPC governs the law relating to grant of bail for non-bailable offences. When any person is arrested in relation to an offence which is non-bailable, he/she has to apply for bail under section 437 of CrPC before a Magistrate.

 

The bail is usually denied under following circumstances as mentioned hereunder: 

(i) That the accused is involved in an offence which is punishable with death or imprisonment for life;

(ii) The accused person has been previously convicted for an offence punishable with death, imprisonment for life or  Imprisonment for seven years or more, or he had been previously convicted. 

(iii) Possibility of interference with justice by influencing witnesses.

 

However, the following categories of persons may be released on bail even if charged for a non-bailable offence:

  1. Person under the age of 16 years
  2. A woman
  3. A sick or infirm person

Where a person is charged with a non-bailable offence, but it appears in the course of the trial that he is not guilty of such offence, he can be immediately released on bail pending further inquiry.

 

On the off chance that charge-sheet is not filed within 60 days from the date of arrest then the accused is entitled to statutory bail under section 167 of CrPC.

 

Minal B Khona
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