The Code of Criminal Procedure (CRPC) is a set of laws that govern the administration of justice in India. It lays down the procedure for the investigation, prosecution, and trial of criminal cases. One of the provisions of the CRPC deals with the classification of offences as bailable and non-bailable.
Bailable offences are those offences for which the accused has the right to secure bail, i.e., the accused can be released from custody upon furnishing a bond. The bond is a security deposit that is required to be made by the accused to ensure that he or she will appear in court on the appointed date. The bond is returned to the accused after the trial is completed, provided he or she has appeared in court as required.
Non-bailable offences are those offences for which the accused does not have the right to secure bail. In such cases, the accused can only be released from custody if the court grants bail. The decision to grant bail in non-bailable offences is at the discretion of the court, and it depends on the circumstances of the case.
Under the CRPC, certain offences are deemed to be non-bailable as a matter of law. These offences include murder, treason, and offences punishable with death or life imprisonment. In such cases, the accused can only be released on bail if the court is satisfied that there are exceptional circumstances that warrant the grant of bail.
In addition to the offences that are deemed to be non-bailable as a matter of law, the CRPC also allows the prosecution to oppose the grant of bail in certain other offences. These offences include offences punishable with imprisonment of more than seven years and offences that are of a heinous nature, such as rape, dacoity, and terrorism. In such cases, the accused can only be released on bail if the court is satisfied that the accused is not likely to abscond or tamper with evidence.
In summary, bailable offences are those offences for which the accused has the right to secure bail, while non-bailable offences are those offences for which the accused does not have the right to secure bail and can only be released on bail if the court grants it. Non-bailable offences are classified into two categories: those that are deemed to be non-bailable as a matter of law and those that are non-bailable at the discretion of the court.