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Understanding Bail in Non-Bailable Offences

18 October 2024

Many people believe that if they are charged with a non-bailable offence, bail is automatically refused. This is a misconception.

Bailable offences entitle the accused to bail as a matter of right. Non-bailable offences do not give a right to bail — but bail can still be granted at the court’s discretion, whether by the Magistrate Court, Sessions Court, or, under Section 439 CrPC, the High Court.

The court considers the nature and gravity of the accusation, severity of the punishment upon conviction, reasonable apprehension of witnesses being tampered with, likelihood of the accused fleeing from justice, and the health, age, and sex of the accused.

If you or a family member has been arrested, contact an advocate immediately — the first 24 hours are critical.

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