What is a bailable offence?
BNSS Section 2(1)(c) defines a bailable offence as an offence shown as bailable in the First Schedule or made bailable by any other law in force; a non-bailable offence is any other offence. The classification is statutory, not simply based on whether a crime seems minor.
BNSS Section 478 provides for bail in bailable cases. Subject to its statutory terms, a person arrested or detained without warrant for a bailable offence, or appearing or brought before a court, is entitled to release on bail when prepared to give bail. The provision also addresses release on a bond without sureties, including where the person is indigent.
Unlike discretionary bail in many non-bailable cases, bail for a bailable offence is ordinarily a right once the legal requirements are satisfied. It is inaccurate to say the court may freely refuse bail merely because the allegation is serious.
Applicable criminal laws and important sections
| Provision | Meaning and practical relevance |
|---|---|
| BNSS Section 2(1)(c) | Defines bailable and non-bailable offences. |
| BNSS First Schedule | Classifies offences under the BNS and gives general rules for offences under other laws, subject to any special enactment. |
| BNSS Section 478 | Release on bail in bailable cases; also provides for bond-based release in relevant circumstances. |
| BNSS Section 479 | Maximum period of detention for certain undertrial prisoners; distinct from the classification of an offence as bailable. |
| BNSS Section 480 | Conditions for bail in non-bailable cases. |
| BNSS Section 482 | Direction for grant of bail to a person apprehending arrest in a non-bailable accusation, subject to statutory conditions and exclusions. |
| CrPC Section 436 | Earlier provision concerning bail in bailable offences; relevant to proceedings governed by the former law. |
Official legislation: India Code and Ministry of Home Affairs. Search the exact Act title and check amendments and commencement notifications.
Common offence categories and bail classification
The BNS replaced many IPC offence numbers. These examples are orientation points, not a complete statutory classification table. Read the particular subsection, the BNSS First Schedule and any special law before deciding bail status.
| Offence or issue | Current provision to examine | Important qualification |
|---|---|---|
| Voluntarily causing hurt | BNS Section 115(2) | Ordinary simple hurt is generally bailable; aggravated hurt provisions differ. |
| Rash driving or riding on a public way | BNS Section 281 | Generally bailable; additional injury or death charges can change the case. |
| Causing death by negligence | BNS Section 106(1) | Generally bailable under the central schedule; check the exact allegations and operative law. |
| Cheating | BNS Section 318 | Classification varies by subsection, including cheating involving delivery of property. |
| Criminal intimidation | BNS Section 351 | Nature of threat and applicable state amendments matter. |
| Defamation | BNS Section 356 | Ordinary criminal defamation is generally bailable; statutory exceptions and complaint requirements apply. |
| Stalking | BNS Section 78 | First conviction and subsequent conviction have different classifications; do not assume all stalking charges are bailable. |
| Kidnapping | BNS Section 137 | Generally non-bailable; an old listing of IPC Section 363 as bailable was incorrect. |
How to obtain bail in a bailable offence
- Confirm the precise offence: obtain the FIR or arrest details and identify each applicable provision.
- Check the statutory schedule: verify that the charged offence is bailable under the law applicable to the incident.
- Request release: approach the police officer in charge or the competent court and express readiness to furnish bail or a bond as legally required.
- Complete bond formalities: provide the bond and any lawful surety details; the BNSS also contains protections relevant to indigent persons.
- Follow conditions: attend proceedings and comply with the bond; non-compliance can have legal consequences.
If multiple offences are alleged and any is non-bailable, the case cannot be treated as wholly bailable merely because one count is bailable.
Historical IPC bailable offences reference
The original page contained the following IPC section references and descriptions. They are retained as a historical research index, not as a verified list of currently bailable BNS offences. Several original descriptions, punishments and bail classifications were inaccurate or incomplete; the final column highlights important issues and directs readers to verify the applicable statute.
| Original offence description | IPC section | Original page's punishment summary | Present caution |
|---|---|---|---|
| Wearing Soldier's garb, sailor, airman | 140 | Imprisonment for 3 months along with Rs. 500 fine | Historical listing; verify under applicable law |
| Punishment for unlawful assembly | 144 | Imprisonment for 6 months with fine | Review - IPC 144 concerns joining an unlawful assembly armed with a deadly weapon; not a generic six-month offence. |
| Owner or occupier of a land on which unlawful assembly held | 154 | Rs. 1000 Fine | Historical listing; verify under applicable law |
| Being hired to be part of unlawful assembly or riot | 158 | Imprisonment for 6 months upto 2 years along with fine | Historical listing; verify under applicable law |
| Public servant disobeying direction under law | 166A | Imprisonment for 6 months upto 2 years | Review - Classification and punishment depend on the specific clause and applicable schedule. |
| Public servant framing incorrect documents | 167 | Imprisonment for 3 years and fine | Historical listing; verify under applicable law |
| Furnishing false information | 177 | Imprisonment for 6 months and fine Rs. 1000 | Historical listing; verify under applicable law |
| False statement on oath to public servants | 181 | Imprisonment for 3 years along with fine | Historical listing; verify under applicable law |
| Disobedience to order duly promulgated by public servant | 186 | Imprisonment for 3 months and fine Rs. 500 | Review - IPC 186 concerns obstruction of a public servant; disobedience of an order is IPC 188. |
| Threat of injury to public servant | 189 | Imprisonment for 2 years with fine | Historical listing; verify under applicable law |
| Giving False Evidence | 191 | Imprisonment for 7 years along with fine | Review - IPC 191 defines giving false evidence; punishment is prescribed elsewhere. |
| Threatening any person to give false evidence | 195A | Imprisonment for 7 years along with fine | Review - Threatening a person to give false evidence can be non-bailable; verify the applicable schedule. |
| Giving false information respecting an offence | 203 | Imprisonment for 2 years with fine | Historical listing; verify under applicable law |
| Fraudulently making false claim in court | 210 | Imprisonment for 2 years along with fine | Historical listing; verify under applicable law |
| Taking gift to screen an offender from punishment | 213 | Imprisonment for 3 to 7 years with fine | Review - Punishment and classification vary with the offence screened. |
| Escape from confinement or custody negligently suffered by public servant | 223 | Imprisonment for 2 years along with fine | Historical listing; verify under applicable law |
| Intentionally insult or interruption to public servant sitting in judicial proceeding | 228 | Imprisonment for 6 months along with fine of Rs. 1000 | Historical listing; verify under applicable law |
| Fraudulent use of false instrument for weighing | 264 | Imprisonment for 1 year with fine | Historical listing; verify under applicable law |
| Negligent act likely to spread infectious decease dangerous to life | 269 | Imprisonment for 6 months with fine | Historical listing; verify under applicable law |
| Adulteration of food or drink intended for sale | 272 | Imprisonment for 6 months with fine of Rs. 1000 | Review - State amendments and food safety legislation may affect the position. |
| Sale of adulterated drug | 275 | Imprisonment for 6 months with fine of Rs. 1000 | Review - Other drug-control legislation may apply. |
| Rash driving or riding on a public way | 279 | Imprisonment for 6 months with fine of Rs. 1000 | Historical listing; verify under applicable law |
| Danger of obstruction in public way or line of navigation | 283 | Fine of Rs. 200 | Historical listing; verify under applicable law |
| Sale of obscene book | 292 | Imprisonment for 2 years and fine of Rs. 2000 | Historical listing; verify under applicable law |
| Trespassing on burial places | 297 | Imprisonment for 1 year with fine | Historical listing; verify under applicable law |
| Punishment for causing death by negligence | 304A | Imprisonment for 2 years | Historical listing; verify under applicable law |
| Attempt to commit suicide | 309 | Imprisonment for 1 year or with fine | Review - The Mental Healthcare Act, 2017, section 115, creates a presumption of severe stress and restricts prosecution, subject to its terms. |
| Concealment of birth by secret disposal of body | 318 | Imprisonment for 2 years with fine | Historical listing; verify under applicable law |
| Causing hurt | 323 | Imprisonment for 1 year with fine | Historical listing; verify under applicable law |
| Using force | 349 | Imprisonment for 3 months or with fine of Rs. 500 | Review - IPC 349 defines force; it does not itself prescribe a three-month sentence. |
| Stalking | 354D | Imprisonment for 3 months or with fine | Review - First and subsequent convictions have different bail classifications. |
| Punishment for kidnapping | 363 | Imprisonment for 7 months or with fine | Review - Kidnapping under IPC 363 is generally non-bailable; the original entry was incorrect. |
| Punishment for cheating | 417 | Imprisonment for 1 year and fine | Historical listing; verify under applicable law |
| Punishment for mischief | 426 | Imprisonment for 3 months | Historical listing; verify under applicable law |
| Punishment for criminal trespass | 447 | Imprisonment for 3 months and fine of Rs. 500 | Historical listing; verify under applicable law |
| Forgery | 465 | Imprisonment for 2 years and fine | Historical listing; verify under applicable law |
| Falsification of accounts | 477A | Imprisonment for 2 years and fine | Review - Falsification of accounts under IPC 477A is generally non-bailable. |
| Possession of forged currency notes or bank notes | 489C | Imprisonment for 7 years and fine | Review - Possession of forged currency under IPC 489C is generally non-bailable. |
| Marrying again during life time of husband or wife | 494 | Imprisonment for 7 years and fine | Historical listing; verify under applicable law |
| Marriage ceremony fraudulently gone through without lawful marriage | 496 | Imprisonment for 6 years and fine | Historical listing; verify under applicable law |
| Enticing or taking away or detaining with criminal intent | 498 | Imprisonment for 2 years and fine | Historical listing; verify under applicable law |
| Punishment for defamation | 500 | Imprisonment for 2 years and fine | Historical listing; verify under applicable law |
| Criminal intimidation | 506 | Imprisonment for 2 years for simple offence and 7 years if threat is to cause death or grievous hurt | Review - The classification may be affected by the form of threat and state amendments. |
| Word, gesture or act intended to insult the modesty of a women | 509 | Imprisonment for 3 years and fine | Review - IPC 509 is generally cognizable and bailable under the central schedule; check any local amendments. |
| Misconduct in public by drunken person | 510 | Imprisonment for 24 hours and fine of Rs. 10 | Historical listing; verify under applicable law |
The historical penalty summaries above reproduce the former page's claims for identification only. They are not authoritative punishment statements and must not be relied on without checking the text of the relevant provision.
Special laws, state amendments and transitional cases
Offences under special statutes may have their own bail rules, restrictions or procedural requirements. The BNSS First Schedule provides a general classification for offences under other laws, but that does not override contrary special provisions. State amendments may also affect classification or procedure.
For acts committed before 1 July 2024, or investigations and proceedings pending at commencement, check the applicable repeal, saving and transition provisions. Do not automatically substitute a BNS section for an IPC section without reviewing the facts and the relevant legal provisions.
Frequently asked questions
Is bail automatic in every bailable offence?
Bail is a statutory right when the conditions of BNSS Section 478 apply, but the person must comply with the lawful bond or bail process. Other non-bailable charges can alter the position.
Can the police grant bail in a bailable offence?
Yes. Section 478 applies to a person arrested or detained without warrant by an officer in charge of a police station as well as to a person appearing or brought before a court, subject to its terms.
Does a bailable offence mean there will be no punishment?
No. Bailable describes entitlement to release pending proceedings, not innocence or the eventual sentence.
Are all offences formerly listed as bailable under IPC still bailable?
No. Some entries on older lists were inaccurate, and current charges must be assessed under the operative BNS, BNSS and other relevant laws.
Related case laws and legal research
Legal information only. The exact FIR provisions, date of alleged conduct, applicable amendments and court orders determine the proper bail procedure. Last editorial update: 11 October 2026.