Is Bailable or Not? A Complete Guide to Offenses Under IPC

IPC Section	Description	Is bailable or not
34 IPC	Acts done by several persons in furtherance of common intention	It depends on the specific offense committed under this section.
120B IPC	Criminal conspiracy	Non-bailable if the conspiracy is related to a non-bailable offense.
302 IPC	Murder	Non-bailable
304 IPC	Culpable homicide not amounting to murder	Non-bailable
304A IPC	Causing death by negligence	Bailable
306 IPC	Abetment of suicide	Non-bailable
323 IPC	Voluntarily causing hurt	Bailable
324 IPC	Voluntarily causing hurt by dangerous weapons or means	Bailable
325 IPC	Voluntarily causing grievous hurt	Bailable
341 IPC	Wrongful restraint	Bailable
353 IPC	Assault or criminal force to deter public servant from discharge of his duty	Non-bailable
354 IPC	Assault or criminal force to woman with intent to outrage her modesty	Non-bailable
354A IPC	Sexual harassment	Bailable
363 IPC	Kidnapping	Non-bailable
376 IPC	Rape	Non-bailable
377 IPC	Unnatural offenses	Non-bailable
379 IPC	Theft	Non-bailable
384 IPC	Extortion	Non-bailable
406 IPC	Criminal breach of trust	Non-bailable
420 IPC	Cheating and dishonestly inducing delivery of property	Non-bailable
427 IPC	Mischief causing damage to the amount of fifty rupees	Bailable
447 IPC	Criminal trespass	Bailable
448 IPC	House-trespass	Bailable
452 IPC	House-trespass after preparation for hurt, assault or wrongful restraint	Non-bailable
498 IPC	Enticing or taking away or detaining with criminal intent a married woman	Bailable
498A IPC	Husband or relative of husband of a woman subjecting her to cruelty	Non-bailable
504 IPC	Intentional insult with intent to provoke breach of the peace	Bailable
506 IPC	Criminal Intimidation	Bailable
509 IPC	Word, gesture or act intended to insult the modesty of a woman	Bailable

 

Difference Between Bailable and Non-Bailable Offense:

Bailable Offense: The accused has a right to secure bail from the police or court. The police officer can grant bail without requiring court permission.

Non-Bailable Offense: Bail is not a right; it is at the discretion of the court. The accused has to apply for bail, which can be granted or denied by the court.

Bailable Warrant: A bailable warrant is a court order to ensure the presence of the accused in court. The person receiving a bailable warrant can secure bail directly.

Non-Bailable Warrant: A non-bailable warrant is issued when the court finds it necessary to take the person into custody and present them in court. The person arrested under a non-bailable warrant cannot be granted bail by the police and must appear before a magistrate.