Non-bailable offence
Also called: Non bailable offence
An offence that is not shown as bailable in the First Schedule to the BNSS and is not made bailable by any other law. Bail in such a case rests in the court's discretion and is not a right.
Explained
Section 2(1)(c) of the BNSS defines a bailable offence as one shown as bailable in the First Schedule, or made bailable by any other law for the time being in force, and a non-bailable offence as "any other offence". The definition is residual: an offence is non-bailable unless the Schedule or another law makes it bailable. The CrPC said the same in Section 2(a) (earlier). For offences under other laws, Part II of the First Schedule treats offences punishable with imprisonment for three years and upwards as non-bailable, and those punishable with less than three years or with fine only as bailable.
The classification matters at the stage of bail. In a bailable offence, Section 478 gives the accused a right to be released on bail. In a non-bailable offence, Section 480 makes release discretionary. A court other than the High Court or Court of Session shall not release a person if there appear reasonable grounds for believing that he is guilty of an offence punishable with death or imprisonment for life, or if the offence is cognizable and he has the previous convictions described in Section 480(1)(ii). The first proviso allows release even then where the person is a child, a woman, or sick or infirm.
Section 480(6) adds a safeguard. In a case triable by a Magistrate, if the trial of a person accused of a non-bailable offence is not concluded within sixty days from the first date fixed for taking evidence, and he has been in custody for the whole of that period, he shall be released on bail unless the Magistrate, for reasons recorded in writing, directs otherwise. The High Court and the Court of Session have wider powers under Section 483, and a person who has reason to believe he may be arrested for a non-bailable offence may seek anticipatory bail under Section 482 (earlier Section 438 of the CrPC). In Gurbaksh Singh Sibbia v. State of Punjab (1980) the Constitution Bench held that this power is wide and must not be cut down by reading in limits the legislature did not impose.
Non-bailable is a separate classification from cognizable; an offence may be cognizable and bailable, or non-cognizable and non-bailable. Examiners test the residual definition, Section 480(1) and its provisos, and the sixty-day rule.
What the law says
(c) “bailable offence” means an offence which is shown as bailable in the First Schedule, or which is made bailable by any other law for the time being in force; and “non-bailable offence” means any other offence;
Clause (1)(c) defines bailable offence and makes non-bailable the residual class
Earlier law: CRPC 2. Definitions.
(1) When any person accused of, or suspected of, the commission of any non-bailable offence is arrested or detained without warrant by an officer in charge of a police station or appears or is brought before a Court other than the High Court or Court of Session, he may be released on bail, but—
(i) such person shall not be so released if there appear reasonable grounds for believing that he has been guilty of an offence punishable with death or imprisonment for life;
(ii) such person shall not be so released if such offence is a cognizable offence and he had been previously convicted of an offence punishable with death, imprisonment for life or imprisonment for seven years or more, or he had been previously convicted on two or more occasions of a cognizable offence punishable with imprisonment for three years or more but less than seven years:
When bail may be taken in a non-bailable offence, with the 60-day rule
Earlier law: CRPC 437. When bail may be taken in case of non-bailable offence.
(1) When any person other than a person accused of a non-bailable offence is arrested or detained without warrant by an officer in charge of a police station, or appears or is brought before a Court, and is prepared at any time while in the custody of such officer or at any stage of the proceeding before such Court to give bail, such person shall be released on bail:
Provided that such officer or Court, if he or it thinks fit, may, and shall, if such person is indigent and is unable to furnish surety, instead of taking bail bond from such person, discharge him on his executing a bond for his appearance as hereinafter provided.
Explanation.—Where a person is unable to give bail bond within a week of the date of his arrest, it shall be a sufficient ground for the officer or the Court to presume that he is an indigent person for the purposes of this proviso:
Bail as of right in offences other than non-bailable ones
Earlier law: CRPC 436. In what cases bail to be taken.
(1) When any person has reason to believe that he may be arrested on an accusation of having committed a non-bailable offence, he may apply to the High Court or the Court of Session for a direction under this section; and that Court may, if it thinks fit, direct that in the event of such arrest, he shall be released on bail.
(2) When the High Court or the Court of Session makes a direction under sub-section (1), it may include such conditions in such directions in the light of the facts of the particular case, as it may think fit, including—
(i) a condition that the person shall make himself available for interrogation by a police officer as and when required;
Anticipatory bail for apprehended arrest in a non-bailable offence
Earlier law: CRPC 438. Direction for grant of bail to person apprehending arrest.
(1) A High Court or Court of Session may direct,—
(a) that any person accused of an offence and in custody be released on bail, and if the offence is of the nature specified in sub-section (3) of section 480, may impose any condition which it considers necessary for the purposes mentioned in that sub-section;
(b) that any condition imposed by a Magistrate when releasing any person on bail be set aside or modified:
Special bail powers of the High Court and Court of Session
Earlier law: CRPC 439. Special powers of High Court or Court of Session regarding bail.
Earlier law: Section 2, CrPC
Example
For example, an offence under a special law punishable with imprisonment up to five years, where that law says nothing about bail, is non-bailable under Part II of the First Schedule, so release depends on the court's discretion under Section 480.
For the exam
- Section 2(1)(c) BNSS: any offence not shown as bailable in the First Schedule or made bailable by another law.
- Bail is a right in a bailable offence (Section 478) but discretionary in a non-bailable offence (Section 480).
- Section 480(1) proviso: a child, a woman, or a sick or infirm person may get bail even in death or life cases.
- Section 480(6): Magistrate trial not over in 60 days from first date for evidence, accused in custody throughout, gets bail.
- Anticipatory bail is for apprehended arrest in a non-bailable offence: Section 482 BNSS, earlier Section 438 CrPC.
102 questions in the Law Maker question bank use this term. Practise Bharatiya Nagarik Suraksha Sanhita questions
Judgments
Related terms
- Bailable offenceAn offence shown as bailable in the First Schedule to the BNSS, or made bailable by any other law. A person accused of it is entitled to release on bail as of right.
- BailRelease of a person accused or suspected of an offence from the custody of law, on conditions imposed by an officer or Court, after he executes a bond or a bail bond. Defined in Section 2(1)(b) of the BNSS.
- Cognizable offenceAn offence for which a police officer may arrest without warrant, in accordance with the First Schedule to the BNSS or any other law in force.
- Bail bondAn undertaking for release with surety. Section 2(1)(d) of the BNSS; contrasted with a 'bond', which is a personal bond or undertaking for release without surety.
- OffenceAn act or omission made punishable by law. The BNS core meaning is a thing made punishable by the Sanhita; the BNSS meaning covers any law in force.
Further reading
Checked 6 November 2026. Statutory text is quoted from the Bare Acts library, taken from India Code. See the full glossary.