Indian criminal law | Updated October 2026

Non-Bailable Offences in India: IPC and BNS Sections, Classification and Bail Rules

A non-bailable offence is one in which bail is not an automatic statutory right. It does not mean that bail can never be granted. The court considers the law, the alleged offence and the circumstances of the case.

Important change from 1 July 2024: The Bharatiya Nyaya Sanhita, 2023 (BNS) replaced the Indian Penal Code, 1860 (IPC), for new offences, while the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) replaced the Code of Criminal Procedure, 1973 (CrPC), subject to savings and transitional provisions. Older IPC cases may continue to require the earlier law. This page retains IPC numbers for reference and explains their modern counterparts.

On this page

Definition Bail procedure IPC/BNS reference table Important exceptions Official sources

What is a non-bailable offence?

BNSS Section 2(1)(c) defines a bailable offence as one shown as bailable in the First Schedule or made bailable by another law; a non-bailable offence is any other offence. The First Schedule to the BNSS provides the classification of BNS offences and general rules for offences under other laws. Classification is distinct from whether an offence is cognizable.

In a bailable offence, release on bail is ordinarily a right on compliance with the applicable conditions. For a non-bailable offence, the competent court has discretion subject to statutory restrictions and judicial principles. Neither a police accusation nor the label "non-bailable" establishes guilt.

Bail provisions under the BNSS

Section 478: Bail in bailable offences

Provides for release on bail in cases classified as bailable, subject to the statutory requirements.

Section 480: Bail in non-bailable offences

Governs when a person accused of a non-bailable offence may be released on bail by a court other than the High Court or Court of Session, including restrictions for grave offences and statutory exceptions. The law expressly recognises considerations such as a person being a child, a woman, sick or infirm; these do not guarantee release in every case.

Section 482: Anticipatory bail

Allows an eligible person apprehending arrest for a non-bailable offence to seek a direction for pre-arrest bail from the High Court or Court of Session, subject to statutory exclusions and conditions.

Section 483: Special powers of High Court and Court of Session

These courts have wider powers concerning bail and may impose or modify conditions in accordance with law.

Section 187: Remand and statutory or default bail

Addresses detention during investigation and the statutory limits relevant to default bail. The commonly applicable 60-day or 90-day periods depend on the offence and punishment; entitlement is subject to the statutory requirements. Consult the precise provision and applicable judicial decisions.

Non-bailable offences: historical IPC sections and corresponding BNS provisions

The following reference table preserves the important IPC topics from the original article and identifies BNS provisions or related provisions where appropriate. It is not a complete statutory classification list. Entries marked for checking should not be treated as confirmed non-bailable offences. For exact classification and punishment, consult the applicable BNS text and BNSS First Schedule.

Earlier IPC section	Offence or subject	BNS reference	Bail classification / important qualification
IPC 107	Abetment	45-60	Depends on the principal offence and applicable provision
IPC 120B	Criminal conspiracy	61	Depends on the object and punishment of the conspiracy
IPC 121	Waging war against Government of India	147	Non-bailable
IPC 124A	Sedition (historical IPC provision)	152 (different statutory wording)	Do not assume the provisions are identical
IPC 131	Abetting mutiny or seducing service personnel from duty	159	Non-bailable; check precise charge
IPC 172	Absconding to avoid service of summons	206	Check the specific schedule entry; not universally non-bailable
IPC 232	Counterfeiting Indian coin	No direct one-to-one equivalent	Historical IPC offence; verify applicable law
IPC 238	Import or export of counterfeit coin	No direct one-to-one equivalent	Historical IPC offence; verify applicable law
IPC 246	Fraudulently diminishing weight of coin	No direct one-to-one equivalent	Historical IPC offence; verify applicable law
IPC 255	Counterfeiting government stamp	178-181 (related offences)	Classification depends on exact provision
IPC 274	Adulteration of drugs	276	Check applicable BNS entry and special drug laws
IPC 295	Injuring or defiling place of worship	298	Check First Schedule for exact charge
IPC 295A	Deliberate malicious acts outraging religious feelings	299	Non-bailable
IPC 302	Murder	103	Non-bailable
IPC 304	Culpable homicide not amounting to murder	105	Non-bailable
IPC 304B	Dowry death	80	Non-bailable
IPC 306	Abetment of suicide	108	Non-bailable
IPC 307	Attempt to murder	109	Non-bailable
IPC 308	Attempt to commit culpable homicide	110	Non-bailable
IPC 369	Kidnapping or abducting child under ten with intent to steal from person	97	Non-bailable
IPC 370	Trafficking of persons	143	Non-bailable
IPC 376	Rape	64 (general offence)	Non-bailable
IPC 376D	Gang rape	70	Non-bailable
IPC 377	Unnatural offences (historical IPC provision)	No direct general equivalent	Consensual adult same-sex acts were decriminalised; check other applicable offences
IPC 379	Theft	303(2)	Generally non-bailable; specific exceptions may apply
IPC 384	Extortion	308(2)	Check First Schedule; ordinary extortion is not necessarily non-bailable
IPC 392	Robbery	309	Non-bailable
IPC 395	Dacoity	310	Non-bailable
IPC 406	Criminal breach of trust	316(2)	Check First Schedule for precise classification
IPC 411	Dishonestly receiving stolen property	317(2)	Check First Schedule for precise classification
IPC 420	Cheating and dishonestly inducing delivery of property	318(4)	Non-bailable
IPC 489A	Counterfeiting currency notes or banknotes	178	Non-bailable
IPC 498A	Cruelty by husband or his relatives	85 read with 86	Non-bailable

Important qualifications when using older IPC lists

Not every entry in an older online list is non-bailable. For example, the original page treated absconding to avoid summons, ordinary theft and extortion as though their classification were always identical. Actual classification depends on the specific statutory entry, offence variant and any applicable amendment. Punishments in the older article also contained errors; this edition does not reproduce those figures as authoritative.

Sedition and IPC Section 124A: The BNS does not simply reproduce IPC Section 124A. BNS Section 152 concerns acts endangering sovereignty, unity and integrity of India and has distinct wording. The status of proceedings under the former sedition provision must be assessed in light of applicable court orders and transitional law.

IPC Section 377: Consensual sexual activity between adults was decriminalised under the former provision by the Supreme Court in Navtej Singh Johar v. Union of India (2018). The BNS has no general one-to-one replacement for the former Section 377; particular conduct may fall under other provisions where their elements are met.

State amendments and special statutes: A classification under a special law or a valid State amendment may differ from a general reference table. Charges under laws concerning narcotics, children, terrorism or other special subjects require examination of their own bail provisions.

Legacy cases: The offence date, savings clauses, procedural stage and applicable legal provisions matter. Do not mechanically substitute a BNS number for an IPC number in an existing case.

Factors considered by courts in non-bailable cases

Courts may consider the seriousness of the allegation, available prima facie material, risk of flight, possibility of witness intimidation or evidence tampering, previous conduct, length of custody, investigation progress and the need to secure attendance at trial. Personal circumstances and constitutional protections are also relevant. A grant of bail is not an acquittal.