Bailable and Non-Bailable Offences in Chandigarh remains one of the most critical concepts in Indian criminal law, particularly after the 2023 reforms. This distinction has a direct bearing on the rights of the accused, the authority of the police, and the legal strategy adopted by criminal lawyers in Chandigarh, including HC criminal advocates representing clients in the Punjab and Haryana High Court.

The introduction of the Bharatiya Nyaya Sanhita (BNS), 2023 and the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 has made it vital to understand these classifications correctly. Whether you are an accused, law student, or legal professional, understanding these categories is essential for informed legal action.

Legal Basis for Bailable and Non-Bailable Offences in India

Section 2(1)(a) of the BNSS, 2023

Defines:

  • Bailable offence: An offence listed as bailable in the First Schedule of BNSS or any other applicable law. 
  • Non-bailable offence: Any offence that is not listed as bailable. 

The classification is based on:

  • The severity of punishment 
  • The threat posed to public safety 
  • The risk of the accused fleeing justice 
  • The likelihood of obstruction to the investigation 

Key Differences Between Bailable and Non-Bailable Offences in Chandigarh 

Nature of the Offence

Bailable Offence

  • Less severe in nature
  • Punishable by up to 3 years of imprisonment
  • Common examples under BNS, 2023: 
    • Voluntarily causing hurt – Section 115
    • Public nuisance – Section 279
    • Simple assault – Section 131 

Non-Bailable Offence

  • More serious or grave
  • Punishment exceeds 3 years, or includes life imprisonment or death
  • Examples under BNS, 2023: 
    • Murder – Section 101
    • Rape – Section 63
    • Dowry death – Section 80
    • Kidnapping – Section 137 

Right to Bail

Bailable Offence

  • The accused has an absolute right to bail
  • The police are obligated to release the person once bail is furnished 

Non-Bailable Offence

  • Bail is at the discretion of the court
  • Bail may be denied based on case facts, prior convictions, or seriousness of the offence
  • Criminal lawyers in Chandigarh often file applications before Sessions Court or the High Court 

Authority to Grant Bail

Bailable Offence

  • Bail can be granted by the police officer-in-charge or a Magistrate 

Non-Bailable Offence

  • Only a court (Judicial Magistrate, Sessions Court, or High Court) can grant bail
  • In serious matters, applications are usually filed by HC criminal lawyers or Chandigarh HC advocates 

Statutory Provisions Relevant to Bail and Arrest

Sections 479 to 482 of BNSS, 2023

  • Section 479: Bail for bailable offences – mandatory if the accused furnishes bond 
  • Section 480: Bail in non-bailable offences – depends on judicial discretion 
  • Section 481: Anticipatory bail – available only through Sessions Court or High Court 
  • Section 482: High Court and Sessions Court have special powers to grant, modify, or cancel bail 

First Schedule of BNSS

  • Lists and categorizes offences as bailable or non-bailable 
  • Also classifies them as cognizable or non-cognizable 

Arrest Procedure and Bail Scenarios in Chandigarh

When Can Police Arrest Without a Warrant?

As per Section 35 of BNSS, 2023 (previously CrPC Section 41), police can arrest without warrant in cognizable offences, usually non-bailable, when:

  • The offence is punishable with seven years or more 
  • There is credible information or a complaint 
  • There is a risk of tampering with evidence or absconding 

In non-cognizable offences (often bailable), arrest requires prior approval of the Magistrate.

What Happens After Arrest?

  • Accused must be presented before a Magistrate within 24 hours (BNSS Section 58) 
  • In bailable offences, bail can be granted at the police station 
  • In non-bailable offences, bail is decided in court, typically by Sessions Court or Chandigarh HC lawyers 

Relevant Judicial Precedents

Arnesh Kumar v. State of Bihar (2014)

  • Supreme Court directed police to use discretion in arrest for offences punishable under 7 years 
  • Mandated written justification for arrest (now enforced under BNSS) 

Gudikanti Narasimhulu v. Public Prosecutor (1978)

  • Established that “bail is the rule, jail is the exception” 
  • Linked bail jurisprudence with the right to life under Article 21 

State of Rajasthan v. Balchand (1977)

  • Reaffirmed the presumption of innocence 
  • Courts must avoid unnecessary denial of bail 

Impact of New Laws on Bail and Arrest

Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023

  • Introduced digitized bail bonds 
  • Strengthened legal safeguards for women and juveniles 
  • Placed tighter checks on preventive and pretrial detention 

NDPS Act (Still in Force)

  • Bail under Section 37 is difficult and subject to strict conditions 
  • Chandigarh HC advocates must show that: 
    • No prima facie case exists 
    • The accused is not a repeat offender or a threat to society 

The distinction between bailable and non-bailable offences remains central to criminal procedure in India, even more so under the BNSS, 2023. Bailable offences offer a right to bail, while non-bailable offences require a robust legal defence and court intervention.

In Chandigarh, criminal advocates, HC criminal lawyers, and Chandigarh HC lawyers play a critical role in navigating the evolving landscape of arrest and bail. Whether you are facing legal action or studying the criminal justice system, a proper understanding of bail classifications can make a significant difference in outcome.

FAQs on Bailable and Non-Bailable Offences in Chandigarh 

Q1. How can I know whether an offence is bailable or non-bailable under BNSS 2023?
 A: You can check the First Schedule of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which categorizes offences based on their severity. For accurate legal advice, consult experienced criminal lawyers in Chandigarh who are well-versed with the latest 2023 reforms.

Q2. Is it possible to get bail in a non-bailable offence in Chandigarh?
 A: Yes. Bail in non-bailable offences is granted at the discretion of the court. HC criminal lawyers in Chandigarh usually file such bail applications before the Sessions Court or the Punjab and Haryana High Court, based on the facts and gravity of the case.

Q3. Is anticipatory bail required in bailable offences under BNSS 2023?
 A: No. Anticipatory bail under Section 481 of BNSS is not needed in bailable offences because the accused has a legal right to bail. If you’re unsure about your legal status, it’s best to consult with criminal law advocates in Chandigarh.

Q4. Can police in Chandigarh deny bail in bailable offences?
 A: No. Under BNSS Section 479, the police are legally obligated to grant bail in bailable offences upon the submission of a proper bail bond. If bail is denied, approach criminal lawyers in Chandigarh to file a complaint or move the Magistrate.

Q5. Who can grant bail in non-bailable offences in Chandigarh under BNSS 2023?
 A: Bail for non-bailable offences in Chandigarh can only be granted by a Judicial Magistrate, Sessions Court, or the Punjab and Haryana High Court. In serious or complex cases, it is advised to engage Chandigarh High Court criminal advocates for effective representation.