BAILABLE AND NONBAILABLE OFFENCE

BAILABLE AND NONBAILABLE OFFENCE
INTRODUCTION:

During Ancient Times India was known was Hindustan and it was the rule of the Ruler was nothing like BAILABLE OFFENCE AND NONBAILABLE OFFENCE. If any offence is done very serious either death Sentence is given according to the crime punishment is awarded to the criminal. During to the Ruler Era Punishment Department was in the hand of Priest and Ruler Himself/Herself.
After Foreign Invader started coming to Hindustan and when they saw that there were no unity among the Ruler they started taking interest in the Affair of the kingdom such as supplying upon weapons to the Rulers and Training their soldiers and later on the foreign invaders started helping the Rulers with War affair. After East India came to Power there was the time Black (As British Said to Indians) gave severe Punishment if they did small offence if the White did any kind of Offence they were not given any punishment. After East India Company was banished than the British took Over than Became British Government of India. So we are going to the next Level that is to British Government coming to India which are the Laws they introduced in India and what are the Benefits.

British Government of India:

British Government Codified the Indian Penal Code in the year 1860 and this code is into force till the date that is till 2021 of 21st Century. During that time it was a new one knew what a Bailable Offence is and what is a Non-Bailable Offence. On What Offence we can say it is Bailable and what is Nonbailable. During 1860 all the offence were big and nothing was in proper arrangement. When Court into force everything came into proper Order. During that time Calcutta was the Capital City. During that time main City were Bombay, Calcutta and Madras and in all these 3 Cities High Courts were Established so everyone was Scared about the Courts.
Now without Wasting Our Time we shall Move towards What Happened after Independence and How Bailable and Non Bailable Offence are Stricter in Today’s Point of View.

Independent India:

The punishment was given under Indian Penal Code and it is same as the Criminal Procedure code under the Criminal Procedure Code there are two parts that is Bailable and Non Bailable Offence.

What is Bailable Offence?

Bailable Offence is an offence in which a person can get a bail by paying off the surety. Under Bailable Offence there is Hurt, Bribe, Public Nuisance and Death by Negligence. This Bailable Offence comes under Section 2(a). Right to be released on Bail is clearly mentioned under section 50.
One of the case under Bailable Offence is Rasik Lal VS Kishore

What is Non – Bailable Offence:

Non – Bailable Offence are that Offence where person doesn’t get Bail Easily Because Of Crime Committed by the person. The punishment on this Offence is Death Penalty, Imprisonment for lifetime and Imprisonment for more than 7 years. Any Culprit has Right on Bail and till He/She cannot be given any kind of punishment till proven guilty. As some uncommon people doesn’t Know any person who does any crime why is a Non – Bailable Offence doesn’t get Bail very easily. It is upon Court to give Bail or not. If the person is the main culprit in the case than that person will not give Bail in the case either that person may be given Death Sentence or shall be given life Imprisonment. Earlier Person below 16 years of Age was taken to juvenile Home but now after 2012 Rape Case Below 16 years of Age are given Punishment of an Adult. Even if the Court gives the Bail than the person has to give the surety that the main Accused shall do what the Court tells that person to do.

Anticipatory Bail:

Anticipatory Bail is given when person who is the main accused is done a crime where that person may not a bail but tells the Court that He/She will follow the Rules a Regulation according to the Court That are as Follows That is
1. During The interrogation when needed the person might be present whenever Called by the police.
2. In any serious a person who is charged for a serious offence shall not be allowed go out of India without the permission of the Honourable Court.
3. The person has to Security Amount and has to sign the Bond as a personal Bond and whatever said by the court the person has to deposit that amount in the court.
The person who wants to get a bail His/Her Bail application can be cancelled if the prosecution files another application wanting the person to be rearrested.

So it is Very Important for the Court to give punishment who is committing the serious offence and shall not give Punishment to those who are not guilty. The Honourable Court should be Partial and should give a Neutral Judgement without any Fear. In the Country like India There is lot of Corruption and This Corruption will not go and the Honourable Court shall not indulge in Corruption and every problem shall be solved. The other main issue is Shortage of Judges in Court because the judgement is given out late and people who are victim doesn’t get Relief on Time. So Stricter Punishment should be given to those who does grievous crime so that other people will get lesson out of it and they will not commit any crime.

Reference – Legalserviceindia.com/legal
Written By – Megh Shetty