BAILABLE AND NON-BAILABLE OFFENCES: A COMPARATIVE LEGAL ANALYSIS
AUTHOR – SANSKRITI UPADHYAY, STUDENT AT SHAMBHUNATH INSTITUTE OF LAW, JHALWA, PRAYAGRAJ
BEST CITATION – SANSKRITI UPADHYAY, BAILABLE AND NON-BAILABLE OFFENCES: A COMPARATIVE LEGAL ANALYSIS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG. 449-455, APIS – 3920 – 0001 & ISSN – 2583-2344.
Abstract:
Bail is an important part of how criminal cases work. It helps make sure that the person who is accused of a crime is treated fairly and that society is protected. In India, there are two types of crimes. Bailable and non-bailable. This means that the police and the courts have some freedom to decide whether or not to let someone out on bail, depending on what kind of crime they’re accused of. Bail is a deal because it affects the freedom of the person who is accused, and it also affects how society is kept safe. The Indian criminal law says that some crimes are bailable and some are not, and this is what helps the police and the courts make their decisions about bail. The Code of Criminal Procedure 1973 has been replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023. This means that the rules for bail in India have changed a lot. The Bharatiya Nagarik Suraksha Sanhita, 2023, is trying to stop people from being held in jail for no reason. It also wants to make sure that people’s rights as given by the Constitution are protected. The changes in the Bharatiya Nagarik Suraksha Sanhita, 2023, are big. They are changing the way bail works in India. This paper looks at the difference between crimes where you can get bail and crimes where you cannot get bail. It talks about the rules that govern bail and the rights that people who are accused of a crime have at various stages of the process. The paper looks at how the idea of bail has changed over time in India. It examines the laws tthat arepart of the BNSS and talks about the principles that judges use to decide whether or not to give someone bail. The paper also looks at how the laws about bail are actually used in real life and finds some problems that keep happening, such as too many people in jail waiting for trial, people being treated unfairly because of their social status and money and judges making different decisions in similar cases. Through this analysis, the paper underscores the importance of bail as an instrument of personal freedom and emphasises the need for a balanced and rights-oriented approach in the administration of criminal justice.