The offences and their punishments have been given
under Indian Penal Code, 1860 and the
procedure for the same has been given in the Code of Criminal Procedure, 1973.
Under CrPC, the offences have been mainly classified under two heads- bailable
and non-bailable offences.
Before defining Bailable Offence, we will understand
the definition of offence. It is defined under Section 2 (n) of the Code of
Criminal Procedure. According to this Section 2(n) of the Code “offence” is
related to the following:-
- an act or
- omission.
Such an act or omission is punishable by law for time
being in force. It also includes any act in respect of which a complaint may be
made under Section 20 of the Cattle Tress Act, 1871.
Bailable offence means an offence shown in first Schedule as bailable.
According to Section 2 of CrPC, “Bailable offence”
means an offence shown as bailable in the first schedule and which made
bailable by any other law for the time being in force.
In case of bailable offence bail can be claimed by
the accused person as a matter of right and the Court concerned released the
accused on the bail.
In Chagani Lal v. State of Gujarat, 1973 GJJ 533, it
was held that the Court cannot order remand of the accused to police custody
in a case where the accused is charged
of having committed a bailable offence and he is prepared to give bail for his
release.
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Dr. Deepak Miglani
Email id.:- legalbuddy@gmail.com
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