Bailable and Non-bailable offence
In terms of Section 2(a) of the Code, “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.
Classification of offences against other
laws:
Offence Bailable or Non-bailable By what court triable
If punishment with death, imprisonment for life,
or imprisonment for more than seven years = Non-bailable trial before Court of
Session
If punishable with imprisonment for three years
and upwards but not more than seven years = Non-bailable trial before First
class Magistrate
If offence is punishable with imprisonment for
less than three years or with fine only the same is Bailable and trial before Any
Magistrate
Punishments with imprisonment for three years and
upwards are classified as non-bailable offence and can be tried at the
Magistrate of the first class. On the other hand, punishments with imprisonment
for less than three years are classified as bailable offence and can be tried
at any Magistrate.
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