In this article you will learn about the Difference Between Bailable and Non Bailable Offence.
Bailable Offence
Bailable Offence is the offence for which bail can be granted at the time of arrest or can be done during the trial process. In this type of offence the bail can be granted by the police officer or at the police station. But this does not mean that the accused is free. He/she has to go through the judicial trial. Bailable Offence is typically less serious and minor in nature.
Advantages of Bailable Offence
- In these offences, the bail is granted to the accused and he/she is released from custody while awaiting trial. This allows them to continue working and supporting their families.
- The accused is allowed to have a fair trial and he/she can gather evidence for defending himself as the person is released from custody.
- The defendants can take proper legal support because bail can act as a means of rehabilitation for them.
- Bail can also help in settling the case outside of the court as the two parties can compromise with each other and can request the court to get the case withdrawn or closed.
Disadvantages of Bailable Offence
- The amount in bail bond can create financial trouble for the accused.
- After the bail is granted, the accused may try to intimidate the witnesses or temper the evidence.
- The accused can get a mindset of revenge from the counterparty after getting released.
Non Bailable Offence
Non-bailable Offence is the offence for which bail can be rejected by the court directly, without hearing the case. The accused shall be kept under judicial custody until his/her trial. However, the court may grant bail to the accused depending upon the circumstances and the evidence produced. Non-bailable Offence is a more serious and heinous offence.
Advantages of Non Bailable Offence
- Non-bailable offences are considered to be more serious in nature and so the bail bond amount is high.
- The bail is not granted to the accused easily in non-bailable offences, which helps to ensure that they will have to be in judicial custody for a long time.
- Non-bailable offences involve serious crimes such as murder, terrorism, and treason, which are threats to society.
- The judicial process in non-bailable offences is faster than in bailable offences, as it solely depends upon the discretion of the judge.
- Non-bailable offences are generally considered to be more severe than bailable offences and are therefore dealt with more harshly by the courts.
Disadvantages of Non Bailable Offence
- Non-bailable offences can result in prolonged detention for the accused, as they may be denied bail and have to remain in custody until their trial.
- Non-bailable offences may lead to a backlog of cases in the criminal justice system, as the accused cannot be released on bail to start the trial.
- Non-bailable offences can lead to financial hardships for the accused and their families, as the sole breadwinner is under judicial custody.
- Non-bailable offences can also lead to emotional and psychological strain and inferiority complex on the accused and their families.
This article on Difference Between Bailable and Non Bailable Offence is contributed by Dipshikha Anand. If you like LawStudyPoint.com do follow us on our Twitter handle.