Bailable and Non Bailable offence
Under the Bharatiya Nagarik Suraksha Sanhita (BNSS), offences are classified as bailable and non-bailable based on their seriousness.
A bailable offense is a civil/criminal offense for which a court of law grants bail to the accused on a condition to submit a bail bond. However, granting bail doesn’t mean that the accused is free. He/she have to go through the judicial trial.
A non-bailable offense is a civil/ criminal offense for which bail can be rejected by the court directly, without hearing the case for certain days. The accused shall be kept under judicial custody until their trial. However, the court may grant bail to the accused depending upon the circumstances and the evidences produced.
Bailable Offences
Bailable offences are those for which the accused person has a right to be released on bail. This means that the accused person can be released from police custody or jail by posting a bail bond or surety.Bailable Offences: Bailable offences are relatively less serious offences and are punishable with imprisonment for a term of less than three years or with a fine only. Some examples of bailable offences are theft, causing hurt, mischief, defamation, and simple assault. Section 436 of the CrPC lays down the provisions for bail in bailable offences, which states that an accused person arrested or detained for a bailable offence shall be released on bail if he or she furnishes a bail bond with or without sureties.
The amount of bail is usually determined by the court based on the nature of the offence, the severity of the punishment, and the accused person’s criminal record, among other factors.
Some examples of bailable offences in India include minor traffic violations, simple assault, and certain types of property offenses.
Non-Bailable Offences
Non-bailable offenses are those for which the accused person is not entitled to be released on bail as a matter of right. Instead, the accused person must apply to the court for bail and convince the court that they deserve to be released pending trial.Non-bailable offences are more serious in nature and are punishable with imprisonment for three years or more. Some examples of non-bailable offences are murder, rape, dacoity, and kidnapping. Section 437 of the CrPC lays down the provisions for bail in non-bailable offences, which states that an accused person arrested or detained for a non-bailable offence shall not be released on bail unless the court is satisfied that there are reasonable grounds for granting bail.
The court will consider factors such as the nature and seriousness of the offense, the likelihood of the accused person fleeing or tampering with evidence, and the accused person’s criminal history when deciding whether to grant bail.
Some examples of non-bailable offenses in India include murder, rape, kidnapping, and certain types of economic offenses.
| Aspect | Bailable Offense | Non-Bailable Offense |
|---|---|---|
| Definition | An offense for which bail can be granted at the time of arrest or during the trial process. | An offense for which bail cannot be granted as a matter of right at the time of arrest. The accused must apply to the court for bail. |
| Bail Granting Authority | Bail can be granted by the police officer or at the police station. | Bail can only be granted by a court of law. |
| Nature of Crime | Typically, less serious and minor offenses. | Generally, more serious and heinous offenses. |
| Severity of Punishment | Lesser penalties and punishments are associated with bailable offenses. | Non-bailable offenses usually carry more severe penalties and punishments. |
| Police Arrest Without Warrant | Police can arrest without a warrant for bailable offenses. | For non-bailable offenses, police generally require a warrant to make an arrest. |
| Need for Court Proceedings | For bailable offenses, the accused can be released on bail without going through a court trial. | In non-bailable offenses, the accused must attend court proceedings and apply for bail in front of a judge. |
| Discretion of the Court | In bailable offenses, the court has the discretion to grant or deny bail based on the circumstances. | In non-bailable offenses, the court must provide strong reasons to grant bail, and it can also deny bail based on the severity of the crime. |
| Public Perception | Generally perceived as less serious crimes, often involving minor disputes or first-time offenders. | Viewed as more serious crimes, involving acts that can pose a threat to public safety or have significant consequences. |
| Examples | Simple assault, petty theft, minor traffic violations, etc. | Murder, rape, terrorism, drug trafficking, etc. |
Key Differences Between Bailable and Non-Bailable Offences
| Aspect | Bailable Offence | Non-Bailable Offence |
| Right to Bail | Bail is available as a matter of right. | Bail is not a right and depends on the court’s discretion. |
| Authority Granting Bail | Police officer or court may grant bail. | Only the court can grant bail. |
| Nature of Offence | Generally less serious and minor in nature. | More serious and grave offences. |
| Punishment Level | Usually involves lower punishment. | Typically carries higher penalties or long-term imprisonment. |
| Custody Requirement | Accused is usually released soon after arrest. | Accused remains in custody until the court decides. |
| Judicial Scrutiny | Limited scrutiny because bail is guaranteed. | Detailed scrutiny of allegations and evidence. |
| Threat to Public | Low level of threat or impact. | High level of threat or significant societal impact. |
| Examples | Simple hurt, minor trespass, small cheating. | Murder, rape, trafficking, major fraud, dacoity. |
| Section | Offence | Punishment | Cognizable or Non-cognizable | Bailable or Non-bailable | By what Court triable |
|---|---|---|---|---|---|
| 49 | Abetment of any offence, if the act abetted is committed in consequence, and where no express provision is made for its punishment. | Same as for offence abetted. | According as offence abetted is cognizable or non-cognizable. | According as offence abetted is bailable or non-bailable. | Court by which offence abetted is triable. |
| 50 | Abetment of any offence, if the person abetted does act with different intention from that of abettor. | Same as for offence abetted. | According as offence abetted is cognizable or non-cognizable. | According as offence abetted is bailable or non-bailable. | Court by which offence abetted is triable. |
| 51 | Abetment of any offence, when one act is abetted and a different act is done; subject to the proviso. | Same as for offence intended to be abetted. | According as offence abetted is cognizable or non-cognizable. | According as offence abetted is bailable or non-bailable. | Court by which offence abetted is triable. |
| 52 | Abettor when liable to cumulative punishment for act abetted and for act done. | Same as for offence abetted. | According as offence abetted is cognizable or non-cognizable. | According as offence abetted is bailable or non-bailable. | Court by which offence abetted is triable. |
| 53 | Abetment of any offence, when an effect is caused by the act abetted different from that intended by the abettor. | Same as for offence committed. | According as offence abetted is cognizable or non-cognizable. | According as offence abetted is bailable or non-bailable. | Court by which offence abetted is triable. |
| 54 | Abetment of any offence, if abettor present when offence is committed. | Same as for offence committed. | According as offence abetted is cognizable or non-cognizable. | According as offence abetted is bailable or non-bailable. | Court by which offence abetted is triable. |
| 55 | Abetment of an offence punishable with death or imprisonment for life, if the offence be not committed in consequence of the abetment. | Imprisonment for 7 years and fine. | According as offence abetted is cognizable or non-cognizable. | Non-bailable. | Court by which offence abetted is triable. |
| 55 | If an act which causes harm be done in consequence of the abetment. | Imprisonment for 14 years and fine. | According as offence abetted is cognizable or non-cognizable. | Non-bailable. | Court by which offence abetted is triable. |
| 56 | Abetment of an offence punishable with imprisonment, if the offence be not committed in consequence of the abetment. | Imprisonment extending to one-fourth of the longest term provided for the offence, or fine, or both. | According as offence abetted is cognizable or non-cognizable. | According as offence abetted is bailable or non-bailable. | Court by which offence abetted is triable. |
| Section | Offence | Punishment | Cognizable / Non-cognizable | Bailable / Non-bailable | By what Court triable |
|---|---|---|---|---|---|
| 57 | Abetting commission of an offence by the public or by more than ten persons. | Imprisonment which may extend to 7 years and fine. | According as offence abetted is cognizable or non-cognizable. | According as offence abetted is bailable or non-bailable. | Court by which offence abetted is triable. |
| 58(a) | Concealing design to commit offence punishable with death or imprisonment for life, if the offence be committed. | Imprisonment for 7 years and fine. | According as offence abetted is cognizable or non-cognizable. | Non-bailable. | Court by which offence abetted is triable. |
| 58(b) | If offence be not committed. | Imprisonment for 3 years and fine. | According as offence abetted is cognizable or non-cognizable. | Bailable. | Court by which offence abetted is triable. |
| 59(a) | A public servant concealing a design to commit an offence which it is his duty to prevent, if the offence be committed. | Imprisonment extending to one-half of the longest term provided for the offence, or fine, or both. | According as offence abetted is cognizable or non-cognizable. | According as offence abetted is bailable or non-bailable. | Court by which offence abetted is triable. |
| 59(b) | If the offence be punishable with death or imprisonment for life. | Imprisonment for 10 years. | According as offence abetted is cognizable or non-cognizable. | Non-bailable. | Court by which offence abetted is triable. |
| 59(c) | If the offence be not committed. | Imprisonment extending to one-fourth of the longest term provided for the offence, or fine, or both. | According as offence abetted is cognizable or non-cognizable. | Bailable. | Court by which offence abetted is triable. |
| 60(a) | Concealing a design to commit an offence punishable with imprisonment, if offence be committed. | Imprisonment extending to one-fourth of the longest term provided for the offence, or fine, or both. | According as offence abetted is cognizable or non-cognizable. | According as offence abetted is bailable or non-bailable. | Court by which offence abetted is triable. |
| 60(b) | If the offence be not committed. | Imprisonment extending to one-eighth part of the longest term provided for the offence, or fine, or both. | According as offence abetted is cognizable or non-cognizable. | Bailable. | Court by which offence abetted is triable. |
| 61(2)(a) | Criminal conspiracy to commit an offence punishable with death, imprisonment for life or rigorous imprisonment for a term of 2 years or upwards. | Same as for abetment of the offence which is the object of the conspiracy. | According as the offence which is the object of conspiracy is cognizable or non-cognizable. | According as offence which is object of conspiracy is bailable or non-bailable. | Court by which abetment of the offence which is the object of conspiracy is triable. |
| 61(2)(b) | Any other criminal conspiracy. | Imprisonment for 6 months, or fine, or both. | Non-cognizable. | Bailable. | Magistrate of the first class. |
| 62 | Attempting to commit offence punishable with imprisonment for life, or imprisonment, and in such attempt doing any act towards the commission of the offence. | One half of the imprisonment for life, or imprisonment not exceeding one-half of the longest term provided for the offence, or fine, or both. | According as the offence is cognizable or non-cognizable. | According as the offence attempted by the offender is bailable or non-bailable. | The court by which the offence attempted is triable. |
| 64(1) | Rape. | Rigorous imprisonment for not less than 10 years but which may extend to imprisonment for life, and fine. | Cognizable. | Non-bailable. | Court of Session. |
| 64(2) | Rape by a police officer or a public servant or member of armed forces or a person being on the management or on the staff of a jail, remand home or other place of custody or women’s or children’s institution or by a person on the management or on the staff of a hospital, and rape committed by a person in a position of trust or authority towards the person raped or by a near relative of the person raped. | Rigorous imprisonment for not less than 10 years but which may extend to imprisonment for life which shall mean the remainder of that person’s natural life and fine. | Cognizable. | Non-bailable. | Court of Session. |
| 65(1) | Persons committing offence of rape on a woman under sixteen years of age. | Rigorous imprisonment for not less than 20 years but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of that person’s natural life and fine. | Cognizable. | Non-bailable. | Court of Session. |
| 65(2) | Persons committing offence of rape on a woman under twelve years of age. | Rigorous imprisonment for not less than 20 years but which may extend to imprisonment for life which shall mean imprisonment for the remainder of that person’s natural life and with fine or death. | Cognizable. | Non-bailable. | Court of Session. |
| Section | Offence | Punishment | Cognizable / Non-cognizable | Bailable / Non-bailable | By what Court triable |
|---|---|---|---|---|---|
| 66 | Person committing an offence of rape and inflicting injury which causes death or causes the woman to be in a persistent vegetative state. | Rigorous imprisonment for not less than 20 years but which may extend to imprisonment for life which shall mean imprisonment for the remainder of that person’s natural life or death. | Cognizable. | Non-bailable. | Court of Session. |
| 67 | Sexual intercourse by husband upon his wife during separation. | Imprisonment for not less than 2 years but which may extend to 7 years and fine. | Cognizable (only on the complaint of the victim). | Bailable. | Court of Session. |
| 68 | Sexual intercourse by a person in authority, etc. | Rigorous imprisonment for not less than 5 years, but which may extend to 10 years and fine. | Cognizable. | Non-bailable. | Court of Session. |
| 69 | Sexual intercourse by employing deceitful means, etc. | Imprisonment which may extend to 10 years and fine. | Cognizable. | Non-bailable. | Court of Session. |
| 70(1) | Gang rape. | Rigorous imprisonment for not less than 20 years but which may extend to imprisonment for life which shall mean imprisonment for the remainder of that person’s natural life and fine. | Cognizable. | Non-bailable. | Court of Session. |
| 70(2) | Gang rape on a woman under eighteen years of age. | Imprisonment for life which shall mean imprisonment for the remainder of that person’s natural life and with fine or with death. | Cognizable. | Non-bailable. | Court of Session. |
| 71 | Repeat offenders. | Imprisonment for life which shall mean imprisonment for the remainder of that person’s natural life or with death. | Cognizable. | Non-bailable. | Court of Session. |
| 72(1) | Disclosure of identity of the victim of certain offences, etc. | Imprisonment for 2 years and fine. | Cognizable. | Bailable. | Any Magistrate. |
| 73 | Printing or publication of a proceeding without prior permission of court. | Imprisonment for 2 years and fine. | Cognizable. | Bailable. | Any Magistrate. |
| 74 | Assault or use of criminal force to woman with intent to outrage her modesty. | Imprisonment for 1 year which may extend to 5 years and fine. | Cognizable. | Non-bailable. | Any Magistrate. |
| 75(2) | Sexual harassment and punishment for sexual harassment specified in clause (i) or clause (ii) or clause (iii) of sub-section (1). | Rigorous imprisonment with 3 years, or fine, or both. | Cognizable. | Non-bailable. | Court of Session. |
| 75(3) | Sexual harassment and punishment for sexual harassment specified in clause (iv) of sub-section (1). | Imprisonment for 1 year, or fine, or both. | Cognizable. | Non-bailable. | Court of Session. |
| Section | Offence | Punishment | Cognizable / Non-cognizable | Bailable / Non-bailable | By what Court triable |
|---|---|---|---|---|---|
| 76 | Assault or use of criminal force to woman with intent to disrobe. | Imprisonment for not less than 3 years but which may extend to 7 years and fine. | Cognizable. | Non-bailable. | Court of Session. |
| 77 | Voyeurism. | Imprisonment for not less than 1 year but which may extend to 3 years and fine. | Cognizable. | Bailable. | Court of Session. |
| 77 (Second or subsequent conviction) | Second or subsequent conviction. | Imprisonment for not less than 3 years but which may extend to 7 years and fine. | Cognizable. | Non-bailable. | Court of Session. |
| 78(2) | Stalking. | Imprisonment up to 3 years and fine. | Cognizable. | Bailable. | Any Magistrate. |
| 78(2) (Second or subsequent conviction) | Second or subsequent conviction. | Imprisonment up to 5 years and fine. | Cognizable. | Non-bailable. | Any Magistrate. |
| 79 | Uttering any word or making any gesture intended to insult the modesty of a woman, etc. | Simple imprisonment for 3 years and fine. | Cognizable. | Bailable. | Any Magistrate. |
| 80(2) | Dowry death. | Imprisonment for not less than 7 years but which may extend to imprisonment for life. | Cognizable. | Non-bailable. | Court of Session. |
| 81 | A man by deceit causing a woman not lawfully married to him to believe that she is lawfully married to him and to cohabit with him in that belief. | Imprisonment for 10 years and fine. | Non-cognizable. | Non-bailable. | Magistrate of the first class. |
| 82(1) | Marrying again during the lifetime of a husband or wife. | Imprisonment for 7 years and fine. | Non-cognizable. | Bailable. | Magistrate of the first class. |
| 82(2) | Same offence with concealment of the former marriage from the person with whom subsequent marriage is contracted. | Imprisonment for 10 years and fine. | Non-cognizable. | Bailable. | Magistrate of the first class. |
| 83 | A person with fraudulent intention going through the ceremony of being married, knowing that he is not thereby lawfully married. | Imprisonment up to 7 years and fine. | Non-cognizable. | Non-bailable. | Magistrate of the first class. |
| 84 | Enticing or taking away or detaining with a criminal intent a married woman. | Imprisonment for 2 years, or fine, or both. | Non-cognizable. | Bailable. | Any Magistrate. |
| 85 | Punishment for subjecting a married woman to cruelty. | Imprisonment for 3 years and fine. | Cognizable if information relating to the commission of the offence is given to an officer in charge of a police station by the person aggrieved by the offence or by any person related to her by blood, marriage or adoption or if there is no such relative, by any public servant belonging to such class or category as may be notified by the State Government in this behalf. | Non-bailable. | Magistrate of the first class. |
| Section | Offence | Punishment | Cognizable / Non-cognizable | Bailable / Non-bailable | By what Court triable |
|---|---|---|---|---|---|
| 87 | Kidnapping, abducting or inducing woman to compel her marriage, etc. | Imprisonment for 10 years and fine. | Cognizable. | Non-bailable. | Court of Session. |
| 88 | Causing miscarriage. | Imprisonment for 3 years, or fine, or both. | Non-cognizable. | Bailable. | Magistrate of the first class. |
| 88 (If the woman be quick with child) | If the woman be quick with child. | Imprisonment for 7 years and fine. | Non-cognizable. | Bailable. | Magistrate of the first class. |
| 89 | Causing miscarriage without woman’s consent. | Imprisonment for life, or imprisonment for 10 years and fine. | Cognizable. | Non-bailable. | Court of Session. |
| 90(1) | Death caused by an act done with intent to cause miscarriage. | Imprisonment for 10 years and fine. | Cognizable. | Non-bailable. | Court of Session. |
| 90(2) | If act done without woman’s consent. | Imprisonment for life, or as above. | Cognizable. | Non-bailable. | Court of Session. |
| 91 | Act done with intent to prevent a child being born alive, or to cause it to die after its birth. | Imprisonment for 10 years, or fine, or both. | Cognizable. | Non-bailable. | Court of Session. |
| 92 | Causing death of a quick unborn child by an act amounting to culpable homicide. | Imprisonment for 10 years and fine. | Cognizable. | Non-bailable. | Court of Session. |
| 93 | Exposure of a child under 12 years of age by parent or person having care of it with intention of wholly abandoning it. | Imprisonment for 7 years, or fine, or both. | Cognizable. | Bailable. | Magistrate of the first class. |
| 94 | Concealment of birth by secret disposal of dead body. | Imprisonment for 2 years, or fine, or both. | Cognizable. | Bailable. | Magistrate of the first class. |
| 95 | Hiring, employing or engaging a child to commit an offence. | Imprisonment for not less than 3 years but which may extend to 10 years and fine. | Cognizable. | Non-bailable. | Magistrate of the first class. |
| 95 (If offence be committed) | If offence be committed. | Same as for the offence committed. | Cognizable. | Non-bailable. | Court by which offence committed is triable. |
| Section | Offence | Punishment | Cognizable / Non-cognizable | Bailable / Non-bailable | By what Court triable |
|---|---|---|---|---|---|
| 96 | Procuration of child. | Imprisonment for 10 years and fine. | Cognizable. | Non-bailable. | Court of Session. |
| 97 | Kidnapping or abducting a child under ten years with intent to steal from its person. | Imprisonment for 7 years and fine. | Cognizable. | Non-bailable. | Magistrate of the first class. |
| 98 | Selling child for purposes of prostitution, etc. | Imprisonment for 10 years and fine. | Cognizable. | Non-bailable. | Court of Session. |
| 99 | Buying child for purposes of prostitution, etc. | Imprisonment for not less than 7 years but which may extend to 14 years and fine. | Cognizable. | Non-bailable. | Court of Session. |
| 103(1) | Murder. | Death or imprisonment for life and fine. | Cognizable. | Non-bailable. | Court of Session. |
| 103(2) | Murder by group of five or more persons. | Death or with imprisonment for life and fine. | Cognizable. | Non-bailable. | Court of Session. |
| 104 | Murder by life-convict. | Death or imprisonment for life, which shall mean the remainder of that person’s natural life. | Cognizable. | Non-bailable. | Court of Session. |
| 105 | Culpable homicide not amounting to murder, if act by which the death is caused is done with intention of causing death, etc. | Imprisonment for life, or imprisonment for not less than 5 years but which may extend to 10 years and fine. | Cognizable. | Non-bailable. | Court of Session. |
| 105 (If act be done with knowledge that it is likely to cause death, but without any intention to cause death, etc.) | If act be done with knowledge that it is likely to cause death, but without any intention to cause death, etc. | Imprisonment for 10 years and with fine. | Cognizable. | Non-bailable. | Court of Session. |
| Section | Offence | Punishment | Cognizable / Non-cognizable | Bailable / Non-bailable | By what Court triable |
|---|---|---|---|---|---|
| 106(1) | Causing death by negligence. | Imprisonment for 5 years and fine. | Cognizable. | Bailable. | Magistrate of the first class. |
| 106(1) (Causing death by negligence by registered medical practitioner) | Causing death by negligence by registered medical practitioner. | Imprisonment for 2 years and fine. | Cognizable. | Bailable. | Magistrate of the first class. |
| 106(2) | Causing death by rash and negligent driving of vehicle and escaping. | Imprisonment for 10 years and fine. | Cognizable. | Non-bailable. | Magistrate of the first class. |
| 107 | Abetment of suicide of child or person of unsound mind, etc. | Death, or imprisonment for life, or imprisonment for 10 years and fine. | Cognizable. | Non-bailable. | Court of Session. |
| 108 | Abetment of suicide. | Imprisonment for 10 years and fine. | Cognizable. | Non-bailable. | Court of Session. |
| 109(1) | Attempt to murder. | Imprisonment for 10 years and fine. | Cognizable. | Non-bailable. | Court of Session. |
| 109(1) (If such act causes hurt to any person) | If such act causes hurt to any person. | Imprisonment for life, or as above. | Cognizable. | Non-bailable. | Court of Session. |
| 109(2) | Attempt by life-convict to murder, if hurt is caused. | Death, or imprisonment for life which shall mean the remainder of that person’s natural life. | Cognizable. | Non-bailable. | Court of Session. |
| 110 | Attempt to commit culpable homicide. | Imprisonment for 3 years, or fine, or both. | Cognizable. | Non-bailable. | Court of Session. |
| 110 (If such act causes hurt to any person) | If such act causes hurt to any person. | Imprisonment for 7 years, or fine, or both. | Cognizable. | Non-bailable. | Court of Session. |
| 111(2)(a) | Organised crime resulting in death of any person. | Death or imprisonment for life and fine of not less than 10 lakh rupees. | Cognizable. | Non-bailable. | Court of Session. |
| 111(2)(b) | In any other case. | Imprisonment for not less than 5 years but which may extend to imprisonment for life and fine of not less than 5 lakh rupees. | Cognizable. | Non-bailable. | Court of Session. |
| 111(3) | Abetting, attempting, conspiring or knowingly facilitating the commission of organised crime. | Imprisonment for not less than 5 years but which may extend to imprisonment for life and fine of not less than 5 lakh rupees. | Cognizable. | Non-bailable. | Court of Session. |
| 111(4) | Being a member of an organised crime syndicate. | Imprisonment for not less than 5 years but which may extend to imprisonment for life and fine of not less than 5 lakh rupees. | Cognizable. | Non-bailable. | Court of Session. |
| 111(5) | Intentionally harbouring or concealing any person who committed offence of organised crime. | Imprisonment for not less than 3 years but which may extend to imprisonment for life and fine of not less than 5 lakh rupees. | Cognizable. | Non-bailable. | Court of Session. |
| 111(6) | Possessing property derived, or obtained from the commission of organised crime. | Imprisonment for not less than 3 years but which may extend to imprisonment for life and fine of not less than 2 lakh rupees. | Cognizable. | Non-bailable. | Court of Session. |
| 111(7) | Possessing property on behalf of a member of an organised crime syndicate. | Imprisonment for not less than 3 years but which may extend to imprisonment for 10 years and fine of not less than 1 lakh rupees. | Cognizable. | Non-bailable. | Court of Session. |
| 112 | Petty organised crime. | Imprisonment for not less than 1 year but which may extend to 7 years and fine. | Cognizable. | Non-bailable. | Magistrate of the first class. |
| 113(2)(a) | Terrorist act resulting in the death of any person. | Death or imprisonment for life and fine. | Cognizable. | Non-bailable. | Court of Session. |
| 113(2)(b) | In any other case. | Imprisonment for not less than 5 years but which may extend to imprisonment for life and fine. | Cognizable. | Non-bailable. | Court of Session. |
| 113(3) | Conspiring, attempting, abetting, etc., or knowingly facilitating the commission of terrorist act. | Imprisonment for not less than 5 years but which may extend to imprisonment for life and fine. | Cognizable. | Non-bailable. | Court of Session. |
| 113(4) | Organising camps, training, etc., for commission of terrorist act. | Imprisonment for not less than 5 years but which may extend to imprisonment for life and fine. | Cognizable. | Non-bailable. | Court of Session. |
| 113(5) | Being a member of an organisation involved in terrorist act. | Imprisonment for life and fine. | Cognizable. | Non-bailable. | Court of Session. |
| 113(6) | Harbouring, concealing, etc., of any person who committed a terrorist act. | Imprisonment for not less than 3 years but which may extend to imprisonment for life and fine. | Cognizable. | Non-bailable. | Court of Session. |
| 113(7) | Possessing property derived or obtained from commission of terrorist act. | Imprisonment for life and fine. | Cognizable. | Non-bailable. | Court of Session. |
| 115(2) | Voluntarily causing hurt. | Imprisonment for 1 year or fine of 10,000 rupees, or both. | Non-cognizable. | Bailable. | Any Magistrate. |
| Section | Offence | Punishment | Cognizable / Non-cognizable | Bailable / Non-bailable | By what Court triable |
|---|---|---|---|---|---|
| 117(2) | Voluntarily causing grievous hurt. | Imprisonment for 7 years and fine. | Cognizable. | Bailable. | Any Magistrate. |
| 117(3) | If hurt results in permanent disability or persistent vegetative state. | Rigorous imprisonment for not less than 10 years but which may extend to imprisonment for life which shall mean the remainder of that person’s natural life. | Cognizable. | Non-bailable. | Court of Session. |
| 117(4) | Grievous hurt caused by a group of 5 or more persons. | Imprisonment for 7 years and fine. | Cognizable. | Non-bailable. | Court of Session. |
| 118(1) | Voluntarily causing hurt by dangerous weapons or means. | Imprisonment for 3 years, or fine of 20,000 rupees, or both. | Cognizable. | Non-bailable. | Any Magistrate. |
| 118(2) | Voluntarily causing grievous hurt by dangerous weapons or means [except as provided in section 122(2)]. | Imprisonment for life or imprisonment of not less than 1 year but which may extend to 10 years and fine. | Cognizable. | Non-bailable. | Magistrate of the first class. |
| 119(1) | Voluntarily causing hurt to extort property, or to constrain to an illegal act. | Imprisonment for 10 years and fine. | Cognizable. | Non-bailable. | Magistrate of the first class. |
| 119(2) | Voluntarily causing grievous hurt for any purpose referred to in sub-section (1). | Imprisonment for life, or imprisonment for 10 years and fine. | Cognizable. | Non-bailable. | Court of Session. |
| 120(1) | Voluntarily causing hurt to extort confession or information, or to compel restoration of property, etc. | Imprisonment for 7 years and fine. | Cognizable. | Bailable. | Magistrate of the first class. |
| 120(2) | Voluntarily causing grievous hurt to extort confession or information, or to compel restoration of property, etc. | Imprisonment for 10 years and fine. | Cognizable. | Non-bailable. | Court of Session. |
| 121(1) | Voluntarily causing hurt to deter public servant from his duty. | Imprisonment for 5 years, or fine, or both. | Cognizable. | Non-bailable. | Magistrate of the first class. |
| 121(2) | Voluntarily causing grievous hurt to deter public servant from his duty. | Imprisonment not less than 1 year, or imprisonment for 10 years and fine. | Cognizable. | Non-bailable. | Court of Session. |
| 122(1) | Voluntarily causing hurt on grave and sudden provocation, not intending to hurt any other than the person who gave the provocation. | Imprisonment for 1 month, or fine of 5,000 rupees, or both. | Non-cognizable. | Bailable. | Any Magistrate. |
| 122(2) | Causing grievous hurt on grave and sudden provocation, not intending to hurt any other than the person who gave the provocation. | Imprisonment for 5 years, or fine of 10,000 rupees, or both. | Cognizable. | Bailable. | Magistrate of the first class. |
| 123 | Causing hurt by means of poison, etc., with intent to commit an offence. | Imprisonment for 10 years and fine. | Cognizable. | Non-bailable. | Court of Session. |
| 124(1) | Voluntarily causing grievous hurt by use of acid, etc. | Imprisonment for not less than 10 years but which may extend to imprisonment for life and fine. | Cognizable. | Non-bailable. | Court of Session. |
| 124(2) | Voluntarily throwing or attempting to throw acid. | Imprisonment for 5 years but which may extend to 7 years and fine. | Cognizable. | Non-bailable. | Court of Session. |
| 125 | Doing any act endangering human life or personal safety of others. | Imprisonment for 3 months, or fine of 2,500 rupees, or both. | Cognizable. | Bailable. | Any Magistrate. |
| 125(a) | Where hurt is caused. | Imprisonment for 6 months, or fine of 5,000 rupees, or both. | Cognizable. | Bailable. | Any Magistrate. |
| 125(b) | Where grievous hurt is caused. | Imprisonment for 3 years, or fine of 10,000 rupees, or both. | Cognizable. | Bailable. | Any Magistrate. |
| Section | Offence | Punishment | Cognizable / Non-cognizable | Bailable / Non-bailable | By what Court triable |
|---|---|---|---|---|---|
| 126(2) | Wrongfully restraining any person. | Simple imprisonment for 1 month, or fine of 5,000 rupees, or both. | Cognizable. | Bailable. | Any Magistrate. |
| 127(2) | Wrongfully confining any person. | Imprisonment for 1 year, or fine of 5,000 rupees, or both. | Cognizable. | Bailable. | Any Magistrate. |
| 127(3) | Wrongfully confining for three or more days. | Imprisonment for 3 years, or fine of 10,000 rupees, or both. | Cognizable. | Bailable. | Any Magistrate. |
| 127(4) | Wrongfully confining for 10 or more days. | Imprisonment for 5 years and fine of 10,000 rupees. | Cognizable. | Non-bailable. | Magistrate of the first class. |
| 127(5) | Keeping any person in wrongful confinement, knowing that a writ has been issued for his liberation. | Imprisonment for 2 years in addition to any term of imprisonment to which he is liable under any other section and fine. | Cognizable. | Bailable. | Magistrate of the first class. |
| 127(6) | Wrongful confinement in secret. | Imprisonment for 3 years in addition to other punishment which he is liable to and fine. | Cognizable. | Bailable. | Magistrate of the first class. |
| 127(7) | Wrongful confinement for the purpose of extorting property, or constraining to an illegal act, etc. | Imprisonment for 3 years and fine. | Cognizable. | Bailable. | Any Magistrate. |
| 127(8) | Wrongful confinement for the purpose of extorting confession or information, or for compelling restoration of property, etc. | Imprisonment for 3 years and fine. | Cognizable. | Bailable. | Any Magistrate. |
| 131 | Assault or criminal force otherwise than on grave provocation. | Imprisonment for 3 months, or fine of 1,000 rupees, or both. | Non-cognizable. | Bailable. | Any Magistrate. |
| 132 | Assault or use of criminal force to deter public servant from discharge of his duty. | Imprisonment for 2 years, or fine, or both. | Cognizable. | Non-bailable. | Any Magistrate. |
| 133 | Assault or criminal force with intent to dishonour a person, otherwise than on grave and sudden provocation. | Imprisonment for 2 years, or fine, or both. | Non-cognizable. | Bailable. | Any Magistrate. |
| 134 | Assault or criminal force in attempt to commit theft of property worn or carried by a person. | Imprisonment for 2 years, or fine, or both. | Cognizable. | Bailable. | Any Magistrate. |
| 135 | Assault or use of criminal force in attempt wrongfully to confine a person. | Imprisonment for 1 year, or fine of 5,000 rupees, or both. | Cognizable. | Bailable. | Any Magistrate. |
| Section | Offence | Punishment | Cognizable / Non-cognizable | Bailable / Non-bailable | By what Court triable |
|---|---|---|---|---|---|
| 136 | Assault or use of criminal force on grave and sudden provocation. | Simple imprisonment for one month, or fine of 1,000 rupees, or both. | Non-cognizable. | Bailable. | Any Magistrate. |
| 137(2) | Kidnapping. | Imprisonment for 7 years and fine. | Cognizable. | Bailable. | Magistrate of the first class. |
| 139(1) | Kidnapping a child for purposes of begging. | Rigorous imprisonment not less than 10 years but which may extend to imprisonment for life, and fine. | Cognizable. | Non-bailable. | Magistrate of the first class. |
| 139(2) | Maiming a child for purposes of begging. | Imprisonment not less than 20 years which may extend to remainder of that person’s natural life, and fine. | Cognizable. | Non-bailable. | Court of Session. |
| 140(1) | Kidnapping or abducting in order to murder. | Imprisonment for life, or rigorous imprisonment for 10 years and fine. | Cognizable. | Non-bailable. | Court of Session. |
| 140(2) | Kidnapping for ransom, etc. | Death, or imprisonment for life and fine. | Cognizable. | Non-bailable. | Court of Session. |
| 140(3) | Kidnapping or abducting with intent secretly and wrongfully to confine a person. | Imprisonment for 7 years and fine. | Cognizable. | Non-bailable. | Magistrate of the first class. |
| 140(4) | Kidnapping or abducting in order to subject a person to grievous hurt, slavery, etc. | Imprisonment for 10 years and fine. | Cognizable. | Non-bailable. | Court of Session. |
| 141 | Importation of a girl or boy from foreign country. | Imprisonment for 10 years and fine. | Cognizable. | Non-bailable. | Court of Session. |
| 142 | Wrongfully concealing or keeping in confinement, kidnapped or abducted person. | Punishment for kidnapping or abduction. | Cognizable. | Non-bailable. | Court by which the kidnapping or abduction is triable. |
| 143(2) | Trafficking of person. | Rigorous imprisonment for not less than 7 years but which may extend to 10 years and fine. | Cognizable. | Non-bailable. | Court of Session. |
| 143(3) | Trafficking of more than one person. | Rigorous imprisonment for not less than 10 years but which may extend to imprisonment for life and fine. | Cognizable. | Non-bailable. | Court of Session. |
| 143(4) | Trafficking of a child. | Rigorous imprisonment for not less than 10 years but which may extend to imprisonment for life and fine. | Cognizable. | Non-bailable. | Court of Session. |
| 143(5) | Trafficking of more than one child. | Rigorous imprisonment for not less than 14 years but which may extend to imprisonment for life and fine. | Cognizable. | Non-bailable. | Court of Session. |
| 143(6) | Person convicted of offence of trafficking of child on more than one occasion. | Imprisonment for life which shall mean the remainder of that person’s natural life and fine. | Cognizable. | Non-bailable. | Court of Session. |
| 143(7) | Public servant or a police officer involved in trafficking of child. | Imprisonment for life which shall mean the remainder of that person’s natural life and fine. | Cognizable. | Non-bailable. | Court of Session. |
| 144(1) | Exploitation of a trafficked child. | Rigorous imprisonment for not less than 5 years but which may extend to 10 years and fine. | Cognizable. | Non-bailable. | Court of Session. |
| 144(2) | Exploitation of a trafficked person. | Rigorous imprisonment for not less than 3 years but which may extend to 7 years and fine. | Cognizable. | Non-bailable. | Court of Session. |
| 145 | Habitual dealing in slaves. | Imprisonment for life, or imprisonment for 10 years and fine. | Cognizable. | Non-bailable. | Court of Session. |
| Section | Offence | Punishment | Cognizable / Non-cognizable | Bailable / Non-bailable | By what Court triable |
|---|---|---|---|---|---|
| 146 | Unlawful compulsory labour. | Imprisonment for 1 year, or fine, or both. | Cognizable. | Bailable. | Any Magistrate. |
| 147 | Waging or attempting to wage war, or abetting the waging of war, against the Government of India. | Death, or imprisonment for life and fine. | Cognizable. | Non-bailable. | Court of Session. |
| 148 | Conspiring to commit certain offences against the State. | Imprisonment for life, or imprisonment for 10 years and fine. | Cognizable. | Non-bailable. | Court of Session. |
| 149 | Collecting arms, etc., with the intention of waging war against the Government of India. | Imprisonment for life, or imprisonment for 10 years and fine. | Cognizable. | Non-bailable. | Court of Session. |
| 150 | Concealing with intent to facilitate a design to wage war. | Imprisonment for 10 years and fine. | Cognizable. | Non-bailable. | Court of Session. |
| 151 | Assaulting President, Governor, etc., with intent to compel or restrain the exercise of any lawful power. | Imprisonment for 7 years and fine. | Cognizable. | Non-bailable. | Court of Session. |
| 152 | Act endangering sovereignty, unity and integrity of India. | Imprisonment for life, or imprisonment for 7 years and fine. | Cognizable. | Non-bailable. | Court of Session. |
| 153 | Waging war against Government of any foreign State at peace with the Government of India. | Imprisonment for life and fine, or imprisonment for 7 years and fine, or fine. | Cognizable. | Non-bailable. | Court of Session. |
| 154 | Committing depredation on the territories of any foreign State at peace with the Government of India. | Imprisonment for 7 years and fine, and forfeiture of certain property. | Cognizable. | Non-bailable. | Court of Session. |
| 155 | Receiving property taken by war or depredation mentioned in sections 153 and 154. | Imprisonment for 7 years and fine, and forfeiture of certain property. | Cognizable. | Non-bailable. | Court of Session. |
| Section | Offence | Punishment | Cognizable / Non-cognizable | Bailable / Non-bailable | By what Court triable |
|---|---|---|---|---|---|
| 156 | Public servant voluntarily allowing prisoner of State or war in his custody to escape. | Imprisonment for life, or imprisonment for 10 years and fine. | Cognizable. | Non-bailable. | Court of Session. |
| 157 | Public servant negligently suffering prisoner of State or war in his custody to escape. | Simple imprisonment for 3 years and fine. | Cognizable. | Bailable. | Magistrate of the first class. |
| 158 | Aiding escape of, rescuing or harbouring such prisoner. | Imprisonment for life, or imprisonment for 10 years and fine. | Cognizable. | Non-bailable. | Court of Session. |
| 159 | Abetting mutiny, or attempting to seduce an officer, soldier, sailor or airman from his allegiance or duty. | Imprisonment for life, or imprisonment for 10 years and fine. | Cognizable. | Non-bailable. | Court of Session. |
| 160 | Abetment of mutiny, if mutiny is committed in consequence thereof. | Death, or imprisonment for life, or imprisonment for 10 years and fine. | Cognizable. | Non-bailable. | Court of Session. |
| 161 | Abetment of assault by an officer, soldier, sailor or airman on his superior officer, when in execution of his office. | Imprisonment for 3 years and fine. | Cognizable. | Non-bailable. | Magistrate of the first class. |
| 162 | Abetment of such assault, if the assault is committed. | Imprisonment for 7 years and fine. | Cognizable. | Non-bailable. | Magistrate of the first class. |
| 163 | Abetment of the desertion of an officer, soldier, sailor or airman. | Imprisonment for 2 years, or fine, or both. | Cognizable. | Bailable. | Any Magistrate. |
| 164 | Harbouring deserter. | Imprisonment for 2 years, or fine, or both. | Cognizable. | Bailable. | Any Magistrate. |
| 165 | Deserter concealed on board merchant vessel through negligence of master or person in charge thereof. | Fine of 3,000 rupees. | Non-cognizable. | Bailable. | Any Magistrate. |
| Section | Offence | Punishment | Cognizable / Non-cognizable | Bailable / Non-bailable | By what Court triable |
|---|---|---|---|---|---|
| 166 | Abetment of act of insubordination by an officer, soldier, sailor or airman if the offence be committed in consequence. | Imprisonment for 2 years, or fine, or both. | Cognizable. | Bailable. | Any Magistrate. |
| 168 | Wearing garb or carrying token used by soldier, sailor or airman. | Imprisonment for 3 months, or fine of 2,000 rupees, or both. | Cognizable. | Bailable. | Any Magistrate. |
| 173 | Bribery. | Imprisonment for 1 year or fine, or both, or if treating only, fine only. | Non-cognizable. | Bailable. | Magistrate of the first class. |
| 174 | Undue influence or personation at an election. | Imprisonment for 1 year, or fine, or both. | Non-cognizable. | Bailable. | Magistrate of the first class. |
| 175 | False statement in connection with an election. | Fine. | Non-cognizable. | Bailable. | Magistrate of the first class. |
| Section | Offence | Punishment | Cognizable / Non-cognizable | Bailable / Non-bailable | By what Court triable |
|---|---|---|---|---|---|
| 176 | Illegal payments in connection with elections. | Fine of 10,000 rupees. | Non-cognizable. | Bailable. | Magistrate of the first class. |
| 177 | Failure to keep election accounts. | Fine of 5,000 rupees. | Non-cognizable. | Bailable. | Magistrate of the first class. |
| 178 | Counterfeiting coins, Government stamps, currency-notes or bank-notes. | Imprisonment for life, or imprisonment for 10 years and fine. | Cognizable. | Non-bailable. | Court of Session. |
| 179 | Using as genuine forged or counterfeit coin, Government stamp, currency-notes or bank-notes. | Imprisonment for life, or imprisonment for 10 years and fine. | Cognizable. | Non-bailable. | Court of Session. |
| 180 | Possession of forged or counterfeit coin, Government stamp, currency-notes or bank-notes. | Imprisonment for 7 years, or fine, or both. | Cognizable. | Non-bailable. | Court of Session. |
| 181 | Making, buying, selling or possessing machinery, instrument or material for forging or counterfeiting coins, Government stamp, currency-notes or bank-notes. | Imprisonment for life, or imprisonment for 10 years and fine. | Cognizable. | Non-bailable. | Court of Session. |
| 182(1) | Making or using documents resembling currency-notes or bank-notes. | Fine of 300 rupees. | Non-cognizable. | Bailable. | Any Magistrate. |
| 182(2) | On refusal to disclose the name and address of the printer. | Fine of 600 rupees. | Non-cognizable. | Bailable. | Any Magistrate. |
| 183 | Effacing any writing from a substance bearing a Government stamp, removing from a document a stamp used for it, with intent to cause a loss to Government. | Imprisonment for 3 years, or fine, or both. | Cognizable. | Bailable. | Magistrate of the first class. |
| 184 | Using a Government stamp known to have been before used. | Imprisonment for 2 years, or fine, or both. | Cognizable. | Bailable. | Any Magistrate. |
| 185 | Erasure of mark denoting that stamps have been used. | Imprisonment for 3 years, or fine, or both. | Cognizable. | Bailable. | Magistrate of the first class. |
| Section | Offence | Punishment | Cognizable / Non-cognizable | Bailable / Non-bailable | By what Court triable |
|---|---|---|---|---|---|
| 186 | Fictitious stamps. | Fine of 200 rupees. | Cognizable. | Bailable. | Any Magistrate. |
| 187 | Person employed in a Mint causing coin to be of a different weight or composition from that fixed by law. | Imprisonment for 7 years and fine. | Cognizable. | Non-bailable. | Magistrate of the first class. |
| 188 | Unlawfully taking from a Mint any coining instrument. | Imprisonment for 7 years and fine. | Cognizable. | Non-bailable. | Magistrate of the first class. |
| 189(2) | Being member of an unlawful assembly. | Imprisonment for 6 months, or fine, or both. | Cognizable. | Bailable. | Any Magistrate. |
| 189(3) | Joining or continuing in an unlawful assembly, knowing that it has been commanded to disperse. | Imprisonment for 2 years, or fine, or both. | Cognizable. | Bailable. | Any Magistrate. |
| 189(4) | Joining an unlawful assembly armed with any deadly weapon. | Imprisonment for 2 years, or fine, or both. | Cognizable. | Bailable. | Any Magistrate. |
| 189(5) | Knowingly joining or continuing in any assembly of five or more persons after it has been commanded to disperse. | Imprisonment for 6 months, or fine, or both. | Cognizable. | Bailable. | Any Magistrate. |
| 189(6) | Hiring, engaging or employing persons to take part in an unlawful assembly. | The same as for a member of such assembly, and for any offence committed by any member of such assembly. | Cognizable. | According as offence is bailable or non-bailable. | The Court by which the offence is triable. |
| 189(7) | Harbouring persons hired for an unlawful assembly. | Imprisonment for 6 months, or fine, or both. | Cognizable. | Bailable. | Any Magistrate. |
| 189(8) | Being hired to take part in an unlawful assembly or riot. | Imprisonment for 6 months, or fine, or both. | Cognizable. | Bailable. | Any Magistrate. |
| 189(9) | Or to go armed. | Imprisonment for 2 years, or fine, or both. | Cognizable. | Bailable. | Any Magistrate. |
| 190 | Every member of unlawful assembly guilty of offence committed in prosecution of common object. | The same as for the offence. | According as offence is cognizable or non-cognizable. | According as offence is bailable or non-bailable. | The Court by which the offence is triable. |
| 191(2) | Rioting. | Imprisonment for 2 years, or fine, or both. | Cognizable. | Bailable. | Any Magistrate. |
| 191(3) | Rioting, armed with a deadly weapon. | Imprisonment for 5 years, or fine, or both. | Cognizable. | Bailable. | Magistrate of the first class. |
| 192 | Wantonly giving provocation with intent to cause riot, if rioting be committed. | Imprisonment for 1 year, or fine, or both. | Cognizable. | Bailable. | Any Magistrate. |
| 192 (If not committed) | If not committed. | Imprisonment for 6 months, or fine, or both. | Cognizable. | Bailable. | Any Magistrate. |
| 193(1) | Owner or occupier of land not giving information of riot, etc. | Fine of 1,000 rupees. | Non-cognizable. | Bailable. | Any Magistrate. |
| 193(2) | Person for whose benefit or on whose behalf a riot takes place not using all lawful means to prevent it. | Fine. | Non-cognizable. | Bailable. | Any Magistrate. |
| 193(3) | Agent of owner or occupier for whose benefit a riot is committed not using all lawful means to prevent it. | Fine. | Non-cognizable. | Bailable. | Any Magistrate. |
| 194(2) | Committing affray. | Imprisonment for one month, or fine of 1,000 rupees, or both. | Cognizable. | Bailable. | Any Magistrate. |
| 195(1) | Assaulting or obstructing public servant when suppressing riot, etc. | Imprisonment for 3 years, or fine not less than 25,000 rupees, or both. | Cognizable. | Bailable. | Magistrate of the first class. |
| 195(2) | Threatening to assault or attempting to obstruct public servant when suppressing riot, etc. | Imprisonment for 1 year, or fine, or both. | Non-cognizable. | Bailable. | Any Magistrate. |
| Section | Offence | Punishment | Cognizable / Non-cognizable | Bailable / Non-bailable | By what Court triable |
|---|---|---|---|---|---|
| 196(1) | Promoting enmity between different groups on ground of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony. | Imprisonment for 3 years, or fine, or both. | Cognizable. | Non-bailable. | Magistrate of the first class. |
| 196(2) | Promoting enmity between classes in place of worship, etc. | Imprisonment for 5 years and fine. | Cognizable. | Non-bailable. | Magistrate of the first class. |
| 197(1) | Imputations, assertions prejudicial to national integration. | Imprisonment for 3 years, or fine, or both. | Cognizable. | Non-bailable. | Magistrate of the first class. |
| 197(2) | If committed in a place of public worship, etc. | Imprisonment for 5 years and fine. | Cognizable. | Non-bailable. | Magistrate of the first class. |
| 198 | Public servant disobeying direction of the law with intent to cause injury to any person. | Simple imprisonment for 1 year, or fine, or both. | Non-cognizable. | Bailable. | Magistrate of the first class. |
| 199 | Public servant disobeying direction under law. | Rigorous imprisonment for not less than 6 months which may extend to 2 years and fine. | Cognizable. | Bailable. | Magistrate of the first class. |
| 200 | Non-treatment of victim by hospital. | Imprisonment for 1 year, or fine, or both. | Non-cognizable. | Bailable. | Magistrate of the first class. |
| 201 | Public servant framing an incorrect document with intent to cause injury. | Imprisonment for 3 years, or fine, or both. | Cognizable. | Bailable. | Magistrate of the first class. |
| 202 | Public servant unlawfully engaging in trade. | Simple imprisonment for 1 year, or fine, or both, or community service. | Non-cognizable. | Bailable. | Magistrate of the first class. |
| 203 | Public servant unlawfully buying or bidding for property. | Simple imprisonment for 2 years, or fine, or both and confiscation of property, if purchased. | Non-cognizable. | Bailable. | Magistrate of the first class. |
| 204 | Personating a public servant. | Imprisonment for not less than 6 months but which may extend to 3 years and fine. | Cognizable. | Non-bailable. | Any Magistrate. |
| 205 | Wearing garb or carrying token used by public servant with fraudulent intent. | Imprisonment for 3 months, or fine of 5,000 rupees, or both. | Cognizable. | Bailable. | Any Magistrate. |
| Section | Offence | Punishment | Cognizable / Non-cognizable | Bailable / Non-bailable | By what Court triable |
|---|---|---|---|---|---|
| 206(a) | Absconding to avoid service of summons or other proceeding from a public servant. | Simple imprisonment for 1 month, or fine of 5,000 rupees, or both. | Non-cognizable. | Bailable. | Any Magistrate. |
| 206(b) | If summons or notice require attendance in person, etc., in a Court. | Simple imprisonment for 6 months, or fine of 10,000 rupees, or both. | Non-cognizable. | Bailable. | Any Magistrate. |
| 207(a) | Preventing service of summons or other proceeding, or preventing publication thereof. | Simple imprisonment for 1 month, or fine of 5,000 rupees, or both. | Non-cognizable. | Bailable. | Any Magistrate. |
| 207(b) | If summons, etc., require attendance in person, etc., in a Court. | Simple imprisonment for 6 months, or fine of 10,000 rupees, or both. | Non-cognizable. | Bailable. | Any Magistrate. |
| 208(a) | Non-attendance in obedience to an order from public servant. | Simple imprisonment for 1 month, or fine of 5,000 rupees, or both. | Non-cognizable. | Bailable. | Any Magistrate. |
| 208(b) | If the order requires personal attendance, etc., in a Court. | Simple imprisonment for 6 months, or fine of 10,000 rupees, or both. | Non-cognizable. | Bailable. | Any Magistrate. |
| 209 | Non-appearance in response to a proclamation under section 84 of this Sanhita. | Imprisonment for 3 years, or fine, or both, or community service. | Cognizable. | Non-bailable. | Magistrate of the first class. |
| 209 (Where declaration made under sub-section (4) of section 84 pronouncing a person as proclaimed offender) | In a case where declaration has been made under sub-section (4) of section 84 of this Sanhita pronouncing a person as proclaimed offender. | Imprisonment for 7 years and fine. | Cognizable. | Non-bailable. | Magistrate of the first class. |
| 210(a) | Omission to produce document to public servant by person legally bound to produce or deliver it. | Simple imprisonment for 1 month, or fine of 5,000 rupees, or both. | Non-cognizable. | Bailable. | The Court in which the offence is committed, subject to the provisions of Chapter XXVIII; or, if not committed in a Court, any Magistrate. |
| 210(b) | If the document is required to be produced in or delivered to a Court. | Simple imprisonment for 6 months, or fine of 10,000 rupees, or both. | Non-cognizable. | Bailable. | The Court in which the offence is committed, subject to the provisions of Chapter XXVIII; or, if not committed in a Court, any Magistrate. |
| 211(a) | Intentional omission to give notice or information to public servant by person legally bound to give it. | Simple imprisonment for 1 month, or fine of 5,000 rupees, or both. | Non-cognizable. | Bailable. | Any Magistrate. |
| 211(b) | If the notice or information required respects the commission of an offence, etc. | Simple imprisonment for 6 months, or fine of 10,000 rupees, or both. | Non-cognizable. | Bailable. | Any Magistrate. |
| 211(c) | If the notice or information is required by an order passed under sub-section (1) of section 394 of this Sanhita. | Imprisonment for 6 months, or fine of 1,000 rupees, or both. | Non-cognizable. | Bailable. | Any Magistrate. |
| 212(a) | Knowingly furnishing false information to public servant. | Simple imprisonment for 6 months, or fine of 5,000 rupees, or both. | Non-cognizable. | Bailable. | Any Magistrate. |
| 212(b) | If the information required respects the commission of an offence, etc. | Imprisonment for 2 years, or fine, or both. | Non-cognizable. | Bailable. | Any Magistrate. |
| 213 | Refusing oath when duly required to take oath by a public servant. | Simple imprisonment for 6 months, or fine of 5,000 rupees, or both. | Non-cognizable. | Bailable. | The Court in which the offence is committed, subject to the provisions of Chapter XXVIII; or, if not committed in a Court, any Magistrate. |
| 214 | Being legally bound to state truth, and refusing to answer public servant authorised to question. | Simple imprisonment for 6 months, or fine of 5,000 rupees, or both. | Non-cognizable. | Bailable. | The Court in which the offence is committed, subject to the provisions of Chapter XXVIII; or, if not committed in a Court, any Magistrate. |
| 215 | Refusing to sign a statement made to a public servant when legally required to do so. | Simple imprisonment for 3 months, or fine of 3,000 rupees, or both. | Non-cognizable. | Bailable. | The Court in which the offence is committed, subject to the provisions of Chapter XXVIII; or, if not committed in a Court, any Magistrate. |
| Section | Offence | Punishment | Cognizable / Non-cognizable | Bailable / Non-bailable | By what Court triable |
|---|---|---|---|---|---|
| 216 | Knowingly stating to a public servant on oath as true that which is false. | Imprisonment for 3 years and fine. | Non-cognizable. | Bailable. | Magistrate of the first class. |
| 217 | Giving false information to a public servant in order to cause him to use his lawful power to the injury or annoyance of any person. | Imprisonment for 1 year, or with fine of 10,000 rupees, or both. | Non-cognizable. | Bailable. | Any Magistrate. |
| 218 | Resistance to the taking of property by the lawful authority of a public servant. | Imprisonment for 6 months, or fine of 10,000 rupees, or both. | Non-cognizable. | Bailable. | Any Magistrate. |
| 219 | Obstructing sale of property offered for sale by authority of a public servant. | Imprisonment for 1 month, or fine of 5,000 rupees, or both. | Non-cognizable. | Bailable. | Any Magistrate. |
| 220 | Illegal purchase or bid for property offered for sale by authority of public servant. | Imprisonment for 1 month, or fine of 200 rupees, or both. | Non-cognizable. | Bailable. | Any Magistrate. |
| 221 | Obstructing public servant in discharge of his public functions. | Imprisonment for 3 months, or fine of 2,500 rupees, or both. | Non-cognizable. | Bailable. | Any Magistrate. |
| 222(a) | Omission to assist public servant when bound by law to give such assistance. | Simple imprisonment for 1 month, or fine of 2,500 rupees, or both. | Non-cognizable. | Bailable. | Any Magistrate. |
| 222(b) | Wilfully neglecting to aid a public servant who demands aid in the execution of process, the prevention of offences, etc. | Simple imprisonment for 6 months, or fine of 5,000 rupees, or both. | Non-cognizable. | Bailable. | Any Magistrate. |
| 223(a) | Disobedience to an order lawfully promulgated by a public servant, if such disobedience causes obstruction, annoyance or injury to persons lawfully employed. | Simple imprisonment for 6 months, or fine of 2,500 rupees, or both. | Cognizable. | Bailable. | Any Magistrate. |
| 223(b) | If such disobedience causes danger to human life, health or safety, or causes or tends to cause a riot or affray. | Imprisonment for 1 year, or fine of 5,000 rupees, or both. | Cognizable. | Bailable. | Any Magistrate. |
| 224 | Threat of injury to public servant, etc. | Imprisonment for 2 years, or fine, or both. | Non-cognizable. | Bailable. | Any Magistrate. |
| 225 | Threat of injury to induce person to refrain from applying for protection to public servant. | Imprisonment for 1 year, or fine, or both. | Non-cognizable. | Bailable. | Any Magistrate. |
| Section | Offence | Punishment | Cognizable / Non-cognizable | Bailable / Non-bailable | By what Court triable |
|---|---|---|---|---|---|
| 226 | Attempt to commit suicide to compel or restrain exercise of lawful power. | Imprisonment for 1 year, or fine, or both, or community service. | Non-cognizable. | Bailable. | Any Magistrate. |
| 229(1) | Intentionally giving or fabricating false evidence in a judicial proceeding. | Imprisonment for 7 years and 10,000 rupees. | Non-cognizable. | Bailable. | Magistrate of the first class. |
| 229(2) | Giving or fabricating false evidence in any other case. | Imprisonment for 3 years and 5,000 rupees. | Non-cognizable. | Bailable. | Any Magistrate. |
| 230(1) | Giving or fabricating false evidence with intent to cause any person to be convicted of capital offence. | Imprisonment for life, or rigorous imprisonment for 10 years and 50,000 rupees. | Non-cognizable. | Non-bailable. | Court of Session. |
| 230(2) | If innocent person be thereby convicted and executed. | Death, or as above. | Non-cognizable. | Non-bailable. | Court of Session. |
| 231 | Giving or fabricating false evidence with intent to procure conviction of an offence punishable with imprisonment for life or with imprisonment for 7 years, or upwards. | The same as for the offence. | Non-cognizable. | Non-bailable. | Court of Session. |
| 232(1) | Threatening any person to give false evidence. | Imprisonment for 7 years, or fine, or both. | Cognizable. | Non-bailable. | Court by which offence of giving false evidence is triable. |
| 232(2) | If innocent person is convicted and sentenced in consequence of false evidence with death, or imprisonment for more than 7 years. | The same as for the offence. | Cognizable. | Non-bailable. | Court by which offence of giving false evidence is triable. |
| 233 | Using in a judicial proceeding evidence known to be false or fabricated. | The same as for giving or fabricating false evidence. | Non-cognizable. | According as offence of giving such evidence is bailable or non-bailable. | Court by which offence of giving or fabricating false evidence is triable. |
| 234 | Knowingly issuing or signing a false certificate relating to any fact of which such certificate is by law admissible in evidence. | The same as for giving false evidence. | Non-cognizable. | Bailable. | Court by which offence of giving false evidence is triable. |
| 235 | Using as a true certificate one known to be false in a material point. | The same as for giving false evidence. | Non-cognizable. | Bailable. | Court by which offence of giving false evidence is triable. |
| Section | Offence | Punishment | Cognizable / Non-cognizable | Bailable / Non-bailable | By what Court triable |
|---|---|---|---|---|---|
| 236 | False statement made in any declaration which is by law receivable as evidence. | The same as for giving false evidence. | Non-cognizable. | Bailable. | Court by which offence of giving false evidence is triable. |
| 237 | Using as true any such declaration known to be false. | The same as for giving false evidence. | Non-cognizable. | Bailable. | Court by which offence of giving false evidence is triable. |
| 238(a) | Causing disappearance of evidence of an offence committed, or giving false information touching it to screen the offender, if a capital offence. | Imprisonment for 7 years and fine. | According as the offence in relation to which disappearance of evidence is caused is cognizable or non-cognizable. | Bailable. | Court of Session. |
| 238(b) | If punishable with imprisonment for life or imprisonment for 10 years. | Imprisonment for 3 years and fine. | Non-cognizable. | Bailable. | Magistrate of the first class. |
| 238(c) | If punishable with less than 10 years’ imprisonment. | Imprisonment for one-fourth of the longest term provided for the offence, or fine, or both. | Non-cognizable. | Bailable. | Court by which the offence is triable. |
| 239 | Intentional omission to give information of an offence by a person legally bound to inform. | Imprisonment for 6 months, or fine of 5,000 rupees, or both. | Non-cognizable. | Bailable. | Any Magistrate. |
| 240 | Giving false information respecting an offence committed. | Imprisonment for 2 years, or fine, or both. | Non-cognizable. | Bailable. | Any Magistrate. |
| 241 | Secreting or destroying any document to prevent its production as evidence. | Imprisonment for 3 years, or fine of 5,000 rupees, or both. | Non-cognizable. | Bailable. | Magistrate of the first class. |
| 242 | False personation for the purpose of any act or proceeding in a suit or criminal prosecution, or for becoming bail or security. | Imprisonment for 3 years, or fine, or both. | Non-cognizable. | Bailable. | Magistrate of the first class. |
| 243 | Fraudulent removal or concealment, etc., of property to prevent its seizure as a forfeiture or in satisfaction of a fine under sentence, or in execution of a decree. | Imprisonment for 3 years, or fine of 5,000 rupees, or both. | Non-cognizable. | Bailable. | Any Magistrate. |
| 244 | Claiming property without right, or practising deception touching any right to it, to prevent its being taken as a forfeiture, or in satisfaction of a fine under sentence, or in execution of a decree. | Imprisonment for 2 years, or fine, or both. | Non-cognizable. | Bailable. | Any Magistrate. |
| 245 | Fraudulently suffering a decree to pass for a sum not due, or suffering decree to be executed after it has been satisfied. | Imprisonment for 2 years, or fine, or both. | Non-cognizable. | Bailable. | Magistrate of the first class. |
| Section | Offence | Punishment | Cognizable / Non-cognizable | Bailable / Non-bailable | By what Court triable |
|---|---|---|---|---|---|
| 246 | False claim in a Court. | Imprisonment for 2 years and fine. | Non-cognizable. | Bailable. | Magistrate of the first class. |
| 247 | Fraudulently obtaining a decree for a sum not due, or causing a decree to be executed after it has been satisfied. | Imprisonment for 2 years, or fine, or both. | Non-cognizable. | Bailable. | Magistrate of the first class. |
| 248(a) | False charge of offence made with intent to injure. | Imprisonment for 5 years, or fine of 2 lakh rupees, or both. | Non-cognizable. | Bailable. | Magistrate of the first class. |
| 248(b) | Criminal proceeding instituted on a false charge of an offence punishable with death, imprisonment for life, or imprisonment for ten years or upwards. | Imprisonment for 10 years and fine. | Non-cognizable. | Bailable. | Court of Session. |
| 249(a) | Harbouring an offender, if the offence is punishable with death. | Imprisonment for 5 years and fine. | Cognizable. | Bailable. | Magistrate of the first class. |
| 249(b) | If punishable with imprisonment for life or with imprisonment for 10 years. | Imprisonment for 3 years and fine. | Cognizable. | Bailable. | Magistrate of the first class. |
| 249(c) | If punishable with imprisonment for 1 year and not for 10 years. | Imprisonment for one-fourth of the longest term, and of the descriptions, provided for the offence, or fine, or both. | Cognizable. | Bailable. | Magistrate of the first class. |
| 250(a) | Taking gift, etc., to screen an offender from punishment if the offence is punishable with death. | Imprisonment for 7 years and fine. | Cognizable. | Bailable. | Magistrate of the first class. |
| 250(b) | If punishable with imprisonment for life or with imprisonment for 10 years. | Imprisonment for 3 years and fine. | Cognizable. | Bailable. | Magistrate of the first class. |
| 250(c) | If punishable with imprisonment for less than 10 years. | Imprisonment for one-fourth of the longest term provided for the offence, or fine, or both. | Cognizable. | Bailable. | Magistrate of the first class. |
| 251(a) | Offering gift or restoration of property in consideration of screening offender if the offence is punishable with death. | Imprisonment for 7 years and fine. | Non-cognizable. | Bailable. | Magistrate of the first class. |
| 251(b) | If punishable with imprisonment for life or with imprisonment for 10 years. | Imprisonment for 3 years and fine. | Non-cognizable. | Bailable. | Magistrate of the first class. |
| 251(c) | If punishable with imprisonment for less than 10 years. | Imprisonment for one-fourth of the longest term provided for the offence, or fine, or both. | Non-cognizable. | Bailable. | Magistrate of the first class. |
| 252 | Taking gift to help to recover movable property of which a person has been deprived by an offence without causing apprehension of offender. | Imprisonment for 2 years, or fine, or both. | Cognizable. | Bailable. | Magistrate of the first class. |
| 253(a) | Harbouring an offender who has escaped from custody, or whose apprehension has been ordered, if the offence is punishable with death. | Imprisonment for 7 years and fine. | Cognizable. | Bailable. | Magistrate of the first class. |
| 253(b) | If punishable with imprisonment for life or with imprisonment for 10 years. | Imprisonment for 3 years, with or without fine. | Cognizable. | Bailable. | Magistrate of the first class. |
| 253(c) | If punishable with imprisonment for 1 year and not for 10 years. | Imprisonment for one-fourth of the longest term provided for the offence, or fine, or both. | Cognizable. | Bailable. | Magistrate of the first class. |
| 254 | Harbouring robbers or dacoits. | Rigorous imprisonment for 7 years and fine. | Cognizable. | Bailable. | Magistrate of the first class. |
| 255 | Public servant disobeying a direction of law with intent to save person from punishment, or property from forfeiture. | Imprisonment for 2 years, or fine, or both. | Non-cognizable. | Bailable. | Any Magistrate. |
| Section | Offence | Punishment | Cognizable / Non-cognizable | Bailable / Non-bailable | By what Court triable |
|---|---|---|---|---|---|
| 256 | Public servant framing an incorrect record or writing with intent to save person from punishment, or property from forfeiture. | Imprisonment for 3 years, or fine, or both. | Cognizable. | Bailable. | Magistrate of the first class. |
| 257 | Public servant in a judicial proceeding corruptly making and pronouncing an order, report, etc., contrary to law. | Imprisonment for 7 years, or fine, or both. | Non-cognizable. | Bailable. | Magistrate of the first class. |
| 258 | Commitment for trial or confinement by a person having authority, who knows that he is acting contrary to law. | Imprisonment for 7 years, or fine, or both. | Non-cognizable. | Bailable. | Magistrate of the first class. |
| 259(a) | Intentional omission to apprehend on the part of a public servant bound by law to apprehend an offender, if the offence is punishable with death. | Imprisonment for 7 years, with or without fine. | According as the offence in relation to which such omission has been made is cognizable or non-cognizable. | Bailable. | Magistrate of the first class. |
| 259(b) | If punishable with imprisonment for life or imprisonment for 10 years. | Imprisonment for 3 years, with or without fine. | Cognizable. | Bailable. | Magistrate of the first class. |
| 259(c) | If punishable with imprisonment for less than 10 years. | Imprisonment for one-fourth of the longest term provided for the offence, or fine, or both. | Cognizable. | Bailable. | Magistrate of the first class. |
| Section | Offence | Punishment | Cognizable / Non-cognizable | Bailable / Non-bailable | By what Court triable |
|---|---|---|---|---|---|
| 266 | Violation of conditions of remission of punishment | Punishment of original sentence, or of part of the punishment has been undergone, the residue. | Cognizable | Non-bailable | The Court by which the original offence was triable. |
| 267 | Intentional insult or interruption to a public servant sitting in any stage of a judicial proceeding | Simple imprisonment for 6 months, or fine of 5,000 rupees, or both. | Non-cognizable | Bailable | The Court in which the offence is committed. |
| 268 | Personation of an assessor | Imprisonment for 2 years, or fine, or both. | Non-cognizable | Bailable | Magistrate of the first class. |
| 269 | Failure by person released on bail or bond to appear in Court | Imprisonment for 1 year, or fine, or both. | Non-cognizable | Non-bailable | Any Magistrate. |
| 271 | Negligently doing any act known to be likely to spread infection of any disease dangerous to life | Imprisonment for 6 months, or fine, or both. | Cognizable | Bailable | Any Magistrate. |
| 272 | Malignantly doing any act likely to spread infection of any disease dangerous to life | Imprisonment for 2 years, or fine, or both. | Cognizable | Bailable | Any Magistrate. |
| 273 | Knowingly disobeying any quarantine rule | Imprisonment for 6 months, or fine, or both. | Non-cognizable | Bailable | Any Magistrate. |
| 274 | Adulterating food or drink intended for sale, so as to make the same noxious | Imprisonment for 6 months, or fine of 5,000 rupees, or both. | Non-cognizable | Bailable | Any Magistrate. |
| 275 | Selling any food or drink made noxious | Imprisonment for 6 months, or fine of 5,000 rupees, or both. | Non-cognizable | Bailable | Any Magistrate. |
| Section | Offence | Punishment | Cognizable / Non-cognizable | Bailable / Non-bailable | By what Court triable |
|---|---|---|---|---|---|
| 276 | Adulterating any drug or medical preparation with intent to cause injury | Imprisonment for 10 years, or fine, or both. | Non-cognizable | Non-bailable | Any Magistrate. |
| 277 | Sale of adulterated drugs | Imprisonment for 6 months, or fine, or both. | Non-cognizable | Bailable | Any Magistrate. |
| 278 | Sale of drug as a different drug or preparation | Imprisonment for 6 months, or fine, or both. | Non-cognizable | Bailable | Any Magistrate. |
| 279 | Fouling water of public spring or reservoir | Imprisonment for 3 months, or fine, or both. | Cognizable | Bailable | Any Magistrate. |
| 280 | Making atmosphere noxious to health | Fine of 1,000 rupees. | Non-cognizable | Bailable | Any Magistrate. |
| 281 | Rash driving or riding on a public way | Imprisonment for 6 months, or fine of 1,000 rupees, or both. | Cognizable | Bailable | Any Magistrate. |
| 282 | Rash navigation of vessel | Imprisonment for 6 months, or fine of 1,000 rupees, or both. | Cognizable | Bailable | Any Magistrate. |
| 283 | Exhibition of a false light, mark or buoy | Imprisonment for 7 years, and fine which shall not be less than 10,000 rupees. | Cognizable | Bailable | Magistrate of the first class. |
| 284 | Conveying person by water for hire in unsafe or overloaded vessel | Imprisonment for 6 months, or fine, or both. | Cognizable | Bailable | Any Magistrate. |
| 285 | Causing danger by omission to provide against fire | Imprisonment for 6 months, or fine of 5,000 rupees, or both. | Cognizable | Bailable | Any Magistrate. |
| Section | Offence | Punishment | Cognizable / Non-cognizable | Bailable / Non-bailable | By what Court triable |
|---|---|---|---|---|---|
| 286 | Negligent conduct with respect to combustible matter | Imprisonment for 6 months, or fine of 5,000 rupees, or both. | Cognizable | Bailable | Any Magistrate. |
| 287 | Negligent conduct with respect to fire or combustible matter | Imprisonment for 6 months, or fine of 5,000 rupees, or both. | Cognizable | Bailable | Any Magistrate. |
| 288 | Negligent conduct with respect to explosive substance | Imprisonment for 6 months, or fine of 5,000 rupees, or both. | Cognizable | Bailable | Any Magistrate. |
| 289 | Negligent conduct with respect to poisonous substance | Imprisonment for 6 months, or fine of 5,000 rupees, or both. | Non-cognizable | Bailable | Any Magistrate. |
| 290 | Negligent conduct with respect to machinery | Imprisonment for 6 months, or fine of 5,000 rupees, or both. | Non-cognizable | Bailable | Any Magistrate. |
| 291 | Negligent conduct with respect to pulling down or repairing buildings | Imprisonment for 6 months, or fine of 5,000 rupees, or both. | Cognizable | Bailable | Any Magistrate. |
| 292 | Committing public nuisance | Fine of 1,000 rupees. | Non-cognizable | Bailable | Any Magistrate. |
| 293 | Continuance of nuisance after injunction | Simple imprisonment for 6 months, or fine, or both. | Cognizable | Bailable | Any Magistrate. |
| 294(1) | Sale, etc., of obscene books, etc. | On first conviction, with imprisonment for 2 years, and with fine of 5,000 rupees, and, in the event of second or subsequent conviction, with imprisonment for 5 years, and with fine of 10,000 rupees. | Cognizable | Bailable | Any Magistrate. |
| 295 | Sale, etc., of obscene objects to child | On first conviction, with imprisonment for 3 years, and with fine of 2,000 rupees, and, in the event of second or subsequent conviction, with imprisonment for 7 years, and with fine of 5,000 rupees. | Cognizable | Bailable | Any Magistrate. |
| Section | Offence | Punishment | Cognizable / Non-cognizable | Bailable / Non-bailable | By what Court triable |
|---|---|---|---|---|---|
| 296 | Obscene acts and songs | Imprisonment for 3 months, or fine of 1,000 rupees, or both. | Cognizable | Bailable | Any Magistrate. |
| 297(1) | Keeping a lottery office | Imprisonment for 6 months, or fine, or both. | Non-cognizable | Bailable | Any Magistrate. |
| 297(2) | Publishing proposals relating to lotteries | Fine of 5,000 rupees. | Non-cognizable | Bailable | Any Magistrate. |
| 298 | Defiling, etc., place of worship, with intent to insult the religion of any class | Imprisonment for 2 years, or fine, or both. | Cognizable | Non-bailable | Any Magistrate. |
| 299 | Deliberate and malicious acts intended to outrage religious feelings of any class by insulting its religion or religious beliefs | Imprisonment for 3 years, or fine, or both. | Cognizable | Non-bailable | Magistrate of the first class. |
| 300 | Disturbing religious assembly | Imprisonment for 1 year, or fine, or both. | Cognizable | Bailable | Any Magistrate. |
| 301 | Trespassing on burial places, etc. | Imprisonment for 1 year, or fine, or both. | Cognizable | Bailable | Any Magistrate. |
| 302 | Uttering words, etc., with deliberate intent to wound religious feelings | Imprisonment for 1 year, or fine, or both. | Non-cognizable | Bailable | Any Magistrate. |
| 303(1) | Theft | Rigorous imprisonment for 3 years, or with fine, or both. | Cognizable | Non-bailable | Any Magistrate. |
| 303(2) | Theft, where value of property is less than 5,000 rupees | Upon return of the value of property or restoration of the property to the owner, imprisonment for 3 years and fine. | Non-cognizable | Bailable | Any Magistrate. |
| 304(2) | Snatching | Imprisonment for 3 years and fine. | Cognizable | Non-bailable | Any Magistrate. |
| 305 | Theft in a dwelling house, etc., or place of worship, etc. | Imprisonment for 7 years and fine. | Cognizable | Non-bailable | Any Magistrate. |
| Section | Offence | Punishment | Cognizable / Non-cognizable | Bailable / Non-bailable | By what Court triable |
|---|---|---|---|---|---|
| 306 | Theft by clerk or servant of property in possession of master | Imprisonment for 7 years and fine. | Cognizable | Non-bailable | Any Magistrate. |
| 307 | Theft after preparation made for causing death, hurt or restraint, or fear of death, hurt or restraint | Rigorous imprisonment for 10 years and fine. | Cognizable | Non-bailable | Magistrate of the first class. |
| 308(1) | Extortion | Imprisonment for 7 years and fine. | Cognizable | Non-bailable | Any Magistrate. |
| 308(2) | Putting any person in fear of injury, in order to commit extortion | Imprisonment for 2 years, or fine, or both. | Cognizable | Bailable | Magistrate of the first class. |
| 308(3) | Putting any person in fear of death or grievous hurt, in order to commit extortion | Imprisonment for 10 years and fine. | Cognizable | Non-bailable | Magistrate of the first class. |
| 308(4) | Extortion by threat of accusation of an offence punishable with death, imprisonment for life, or imprisonment for 10 years | Imprisonment for 10 years and fine. | Cognizable | Non-bailable | Magistrate of the first class. |
| 308(5) | Extortion by putting a person in fear of accusation of an offence punishable with death, imprisonment for life, or imprisonment for 10 years | Imprisonment for 10 years and fine. | Cognizable | Non-bailable | Magistrate of the first class. |
| 309(1) | Robbery | Rigorous imprisonment for 10 years and fine. | Cognizable | Non-bailable | Magistrate of the first class. |
| 309(2) | Robbery committed on the highway between sunset and sunrise | Rigorous imprisonment for 14 years and fine. | Cognizable | Non-bailable | Magistrate of the first class. |
| 310(1) | Attempt to commit robbery | Rigorous imprisonment for 7 years and fine. | Cognizable | Non-bailable | Magistrate of the first class. |
| 310(2) | Attempt to commit robbery when hurt is caused | Imprisonment for life, or rigorous imprisonment for 10 years and fine. | Cognizable | Non-bailable | Magistrate of the first class. |
| 310(3) | Dacoity | Imprisonment for life, or rigorous imprisonment for 10 years and fine. | Cognizable | Non-bailable | Court of Session. |
| 310(4) | Murder in dacoity | Death, or imprisonment for life, or rigorous imprisonment for 10 years and fine. | Cognizable | Non-bailable | Court of Session. |
| 310(5) | Making preparation to commit dacoity | Rigorous imprisonment for 10 years and fine. | Cognizable | Non-bailable | Court of Session. |
| 311 | Being one of five or more persons assembled for the purpose of committing dacoity | Rigorous imprisonment for 7 years and fine. | Cognizable | Non-bailable | Court of Session. |
| 312 | Belonging to gang of persons associated for the purpose of habitually committing dacoity | Imprisonment for life, or rigorous imprisonment for 10 years and fine. | Cognizable | Non-bailable | Court of Session. |
| 313 | Attempt to commit robbery or dacoity when armed with deadly weapon | Imprisonment for not less than 7 years. | Cognizable | Non-bailable | Court of Session. |
| 314 | Punishment for voluntarily causing hurt in committing robbery | Rigorous imprisonment for 10 years and fine. | Cognizable | Non-bailable | Court of Session. |
| 315 | Dishonestly receiving stolen property knowing the same to have been stolen | Imprisonment for 3 years, or fine, or both. | Non-cognizable | Bailable | Any Magistrate. |
| Section | Offence | Punishment | Cognizable / Non-cognizable | Bailable / Non-bailable | By what Court triable |
|---|---|---|---|---|---|
| 316 | Dishonestly receiving property stolen in the commission of a dacoity | Imprisonment for life, or rigorous imprisonment for 10 years and fine. | Cognizable | Non-bailable | Court of Session. |
| 317 | Habitually dealing in stolen property | Imprisonment for life, or rigorous imprisonment for 10 years and fine. | Cognizable | Non-bailable | Court of Session. |
| 318(1) | Cheating | Imprisonment for 3 years, or fine, or both. | Non-cognizable | Bailable | Any Magistrate. |
| 318(2) | Cheating by personation | Imprisonment for 5 years, or fine, or both. | Cognizable | Non-bailable | Magistrate of the first class. |
| 319 | Dishonest misappropriation of property | Imprisonment for 2 years, or fine, or both. | Non-cognizable | Bailable | Any Magistrate. |
| 320 | Mischief | Imprisonment for 6 months, or fine, or both. | Non-cognizable | Bailable | Any Magistrate. |
| 321 | Mischief causing damage to the amount of 20,000 rupees | Imprisonment for 2 years, or fine, or both. | Cognizable | Bailable | Any Magistrate. |
| 322 | Mischief causing damage to the amount of 1 lakh rupees | Imprisonment for 5 years and fine. | Cognizable | Non-bailable | Magistrate of the first class. |
| 323 | Mischief by killing or maiming animal | Imprisonment for 5 years, or fine, or both. | Cognizable | Non-bailable | Magistrate of the first class. |
| 324 | Mischief by injury to public road, bridge, river or channel | Imprisonment for 5 years and fine. | Cognizable | Non-bailable | Magistrate of the first class. |
| 325 | Mischief by injury to works of irrigation or by wrongfully diverting water | Imprisonment for 5 years and fine. | Cognizable | Non-bailable | Magistrate of the first class. |
| Section | Offence | Punishment | Cognizable / Non-cognizable | Bailable / Non-bailable | By what Court triable |
|---|---|---|---|---|---|
| 326 | Mischief by injury to public drainage works | Imprisonment for 5 years and fine. | Cognizable | Non-bailable | Magistrate of the first class. |
| 327 | Mischief by injury to works of navigation | Imprisonment for 5 years and fine. | Cognizable | Non-bailable | Magistrate of the first class. |
| 328 | Mischief by injury to public telegraph | Imprisonment for 5 years and fine. | Cognizable | Non-bailable | Magistrate of the first class. |
| 329 | Criminal trespass | Imprisonment for 3 months, or fine, or both. | Non-cognizable | Bailable | Any Magistrate. |
| 330 | House-trespass | Imprisonment for 1 year, or fine, or both. | Non-cognizable | Bailable | Any Magistrate. |
| 331 | Lurking house-trespass | Imprisonment for 2 years, or fine, or both. | Cognizable | Bailable | Any Magistrate. |
| 332 | House-breaking | Imprisonment for 3 years, or fine, or both. | Cognizable | Non-bailable | Any Magistrate. |
| 333 | Lurking house-trespass or house-breaking after preparation for hurt, assault or wrongful restraint | Imprisonment for 7 years and fine. | Cognizable | Non-bailable | Magistrate of the first class. |
| 334 | House-trespass in order to commit offence punishable with death | Imprisonment for life, or rigorous imprisonment for 10 years and fine. | Cognizable | Non-bailable | Court of Session. |
| 335 | House-trespass in order to commit offence punishable with imprisonment for life | Imprisonment for 10 years and fine. | Cognizable | Non-bailable | Court of Session. |
| Section | Offence | Punishment | Cognizable / Non-cognizable | Bailable / Non-bailable | By what Court triable |
|---|---|---|---|---|---|
| 336 | House-trespass in order to commit offence punishable with imprisonment | Imprisonment for 5 years and fine. | Cognizable | Non-bailable | Magistrate of the first class. |
| 337 | House-trespass after preparation for hurt, assault or wrongful restraint | Imprisonment for 7 years and fine. | Cognizable | Non-bailable | Magistrate of the first class. |
| 338 | House-breaking after preparation for hurt, assault or wrongful restraint | Imprisonment for 10 years and fine. | Cognizable | Non-bailable | Court of Session. |
| 339 | Lurking house-trespass by night | Imprisonment for 3 years, or fine, or both. | Cognizable | Non-bailable | Any Magistrate. |
| 340 | House-breaking by night | Imprisonment for 5 years and fine. | Cognizable | Non-bailable | Magistrate of the first class. |
| 341 | Lurking house-trespass or house-breaking by night after preparation for hurt | Imprisonment for 10 years and fine. | Cognizable | Non-bailable | Court of Session. |
| 342 | Punishment for wrongful confinement | Imprisonment for 1 year, or fine, or both. | Cognizable | Bailable | Any Magistrate. |
| 343 | Wrongful confinement for three or more days | Imprisonment for 2 years, or fine, or both. | Cognizable | Bailable | Any Magistrate. |
| 344 | Wrongful confinement for ten or more days | Imprisonment for 3 years and fine. | Cognizable | Non-bailable | Magistrate of the first class. |
| 345 | Wrongful confinement of person for whose liberation writ has been issued | Imprisonment for 2 years, or fine, or both. | Cognizable | Non-bailable | Magistrate of the first class. |
| Section | Offence | Punishment | Cognizable / Non-cognizable | Bailable / Non-bailable | By what Court triable |
|---|---|---|---|---|---|
| 346 | Wrongful confinement in secret | Imprisonment for 2 years in addition to other punishment. | Cognizable | Non-bailable | Magistrate of the first class. |
| 347 | Wrongful confinement for extortion | Imprisonment for 3 years and fine. | Cognizable | Non-bailable | Magistrate of the first class. |
| 348 | Wrongful confinement to extort confession or compel restoration of property | Imprisonment for 3 years and fine. | Cognizable | Non-bailable | Magistrate of the first class. |
| 349 | Assault | Imprisonment for 3 months, or fine, or both. | Non-cognizable | Bailable | Any Magistrate. |
| 350 | Criminal force | Imprisonment for 3 months, or fine, or both. | Non-cognizable | Bailable | Any Magistrate. |
| 351 | Assault or criminal force otherwise than on grave provocation | Imprisonment for 1 year, or fine, or both. | Non-cognizable | Bailable | Any Magistrate. |
| 352 | Assault or criminal force to deter public servant from discharge of duty | Imprisonment for 2 years, or fine, or both. | Cognizable | Non-bailable | Magistrate of the first class. |
| 353 | Assault or criminal force to woman with intent to outrage her modesty | Imprisonment for 5 years and fine. | Cognizable | Non-bailable | Magistrate of the first class. |
| 354 | Assault or criminal force in attempt to commit theft of property carried by a person | Imprisonment for 2 years and fine. | Cognizable | Non-bailable | Magistrate of the first class. |
| 355 | Kidnapping | Imprisonment for 7 years and fine. | Cognizable | Non-bailable | Court of Session. |
| Section | Offence | Punishment | Cognizable / Non-cognizable | Bailable / Non-bailable | By what Court triable |
|---|---|---|---|---|---|
| 356 | Kidnapping or maiming a child for purposes of begging | Imprisonment for 10 years and fine. | Cognizable | Non-bailable | Court of Session. |
| 357 | Abduction | Imprisonment for 7 years and fine. | Cognizable | Non-bailable | Court of Session. |
| 358 | Kidnapping or abducting with intent secretly and wrongfully to confine person | Imprisonment for 7 years and fine. | Cognizable | Non-bailable | Court of Session. |
| 359 | Kidnapping or abducting in order to murder | Imprisonment for life, or rigorous imprisonment for 10 years and fine. | Cognizable | Non-bailable | Court of Session. |
| 360 | Kidnapping or abducting in order to subject person to grievous hurt, slavery, etc. | Imprisonment for 10 years and fine. | Cognizable | Non-bailable | Court of Session. |
| 361 | Kidnapping or abducting a woman to compel her marriage | Imprisonment for 10 years and fine. | Cognizable | Non-bailable | Court of Session. |
| 362 | Procuration of minor girl | Imprisonment for 10 years and fine. | Cognizable | Non-bailable | Court of Session. |
| 363 | Importation of girl from foreign country | Imprisonment for 10 years and fine. | Cognizable | Non-bailable | Court of Session. |
| 364 | Selling minor for purposes of prostitution | Imprisonment for 10 years and fine. | Cognizable | Non-bailable | Court of Session. |
| 365 | Buying minor for purposes of prostitution | Imprisonment for 10 years and fine. | Cognizable | Non-bailable | Court of Session. |
Similarities between Bailable Offense and Non-Bailable Offense
- Both bailable and non-bailable offenses are criminal offenses under Indian law and are decided by the court.
- Both types of offenses can result in arrest and detention of the accused. In case of non bailable warrant, the accused will be directly arrested.
- Both types of offenses are punishable under the Indian Penal Code and other criminal laws.
- Both types of offenses require the accused to appear before a court for the trial.
- Both types of offenses require the prosecution to prove guilt beyond reasonable doubt. Usually, the public prosecutor performs this job.
- Both types of offenses have the possibility of appeal if the accused is found guilty. Appeal can always be made to the high court and supreme court.
- Both types of offenses can result in rigorous imprisonment, penalties, if the accused is found guilty.
– By Shruti Goyal
Advocate in Jaipur