A non-bailable offence in India means you do NOT have the right to get bail automatically. Only a judge can decide whether to grant you bail or not. T
Non-Bailable Offence List India 2026 — Complete BNS & IPC Guide
Last Updated: January 2026 | Covers BNS 2023 & IPC 1860 | 5000+ Words
160+Non-Bailable Offences Under BNS
370+Total Sections Under BNS
2024Year BNS Replaced IPC
2026Current Reference Year
If you or someone you know has ever been arrested or feared arrest in India, one question always pops up — "Is this offence bailable or non-bailable?" That single question can decide whether a person spends nights in a police lock-up or walks out the same day. This article gives you the complete non-bailable offence list India 2026 under both the new BNS (Bharatiya Nyaya Sanhita) and the old IPC (Indian Penal Code), explained in the simplest words possible.
India's criminal law system went through a massive change when three new criminal laws replaced the colonial-era laws on July 1, 2024. The Indian Penal Code (IPC) of 1860 was replaced by the Bharatiya Nyaya Sanhita (BNS) 2023. The Criminal Procedure Code (CrPC) of 1973 was replaced by the Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023. The Indian Evidence Act of 1872 was replaced by the Bharatiya Sakshya Adhiniyam (BSA) 2023.
But here is the important thing — most non-bailable offences under IPC still remain non-bailable under BNS. The structure is mostly the same, just the section numbers and some wording have changed. In this article, we cover both so whether you are looking at an old FIR or a new one filed in 2025-2026, you have the complete picture.
Quick Understanding: A non-bailable offence does NOT mean bail is impossible. It simply means the arrested person does NOT have the automatic right to be released on bail after arrest. The bail decision is entirely up to the judge or magistrate, based on the facts of the case.
Table of Contents
- What is a Non-Bailable Offence? Simple Explanation
- Bailable vs Non-Bailable — The Real Difference
- BNS 2023 Overview — What Changed From IPC?
- Non-Bailable Offences Under BNS — Murder, Hurt & Acid Attack
- Non-Bailable Offences Under BNS — Kidnapping, Abduction & Rape
- Non-Bailable Offences Under BNS — Offences Against State & Public Servants
- Non-Bailable Offences Under BNS —Forgery, Cheating, Theft, Robbery & Dacoity
- Non-Bailable Offences Under BNS — Counterfeiting, Evidence & Miscellaneous
- Non-Bailable Offences Under IPC — Key Section List
- BNS vs IPC — Section-Wise Mapping Table
- How Bail Works in Non-Bailable Offences
- Anticipatory Bail — What You Must Know
- Most Serious Offences That Almost Never Get Bail
- Special Rules for Offences Against Women & Children
- SC/ST Atrocities, NDPS, UAPA & Special Laws
- Important Supreme Court Judgments
- Common Myths — Busted
- Frequently Asked Questions
- Sources & References
1. What is a Non-Bailable Offence? Simple Explanation
Let me break this down in the most human way possible. Imagine you are accused of a crime. The police come and arrest you. Now, there are two types of offences in India:
- Bailable Offence: You have a legal right to get bail. The police officer or the court must grant you bail. They cannot say no. It is your right, not a favor. Examples include simple assault, petty theft, public nuisance.
- Non-Bailable Offence: You do NOT have an automatic right to bail. The police cannot grant you bail — only a court or magistrate can. And even the court will decide based on the seriousness of the case, whether you might tamper with evidence, whether you might run away, and other factors.
Key Point: The word "non-bailable" can be misleading. It does NOT mean "no bail ever." It means "no automatic bail." Bail is still very much possible in most non-bailable offences, but it requires a court application, a lawyer's argument, and the judge's discretion.
Under Section 2(9) of the BNSS 2023 (which replaced Section 2(a) of the CrPC), a non-bailable offence is defined as an offence that is NOT shown as bailable in the First Schedule of the BNSS. The First Schedule contains two columns — one for bailable offences and one for non-bailable offences. If an offence appears in the non-bailable column, it is a non-bailable offence.
Now here is a crucial nuance that most people do not know — the schedule is not the only way an offence becomes non-bailable. Some special laws like the NDPS Act, UAPA, POCSO Act, SC/ST Act specifically state that their offences are non-bailable, even if they are not listed in the First Schedule. We will cover those later.
2. Bailable vs Non-Bailable — The Real Difference
People often confuse these two categories. Let me put them side by side so you never forget the difference:
| Feature | Bailable Offence | Non-Bailable Offence |
|---|---|---|
| Right to Bail | Yes — it is a legal RIGHT | No — at COURT'S discretion |
| Who Grants Bail? | Police officer can grant | Only Court or Magistrate |
| Bail Application | Simple — almost formal | Detailed — needs lawyer's arguments |
| Police Custody | Usually not needed | Police may seek custody for investigation |
| Examples | Simple hurt, defamation, petty theft | Murder, rape, dowry death, cheating, fraud, kidnapping |
| Severity | Generally less serious | Generally more serious |
| Anticipatory Bail | Not needed | Very important — can seek BEFORE arrest |
Important Warning: There is NO direct rule that "offences with less than 3 years imprisonment are bailable and more than 3 years are non-bailable." This is a common misconception. The classification depends entirely on what the law (BNS/IPC) or the First Schedule says. For example, cheating (Section 318 BNS / Section 420 IPC) can have 7 years imprisonment but the offence is still non-bailable — not because of the sentence, but because the schedule says so.
Another thing that confuses people is whether an offence is cognizable or non-cognizable. These are completely separate concepts. Cognizable means police can arrest without a warrant. Non-cognizable means police need a warrant. An offence can be:
- Cognizable + Bailable (e.g., simple hurt under Section 115(1) BNS)
- Cognizable + Non-Bailable (e.g., murder under Section 103 BNS)
- Non-Cognizable + Bailable (e.g., criminal defamation in some cases)
- Non-Cognizable + Non-Bailable (rare, but possible for certain offences)
3. BNS 2023 Overview — What Changed From IPC?
Before we dive into the full non-bailable offence list, it is important to understand what exactly changed when BNS replaced IPC. The Bharatiya Nyaya Sanhita (BNS) 2023 was passed by Parliament in December 2023 and came into effect on July 1, 2024.
What Stayed Mostly the Same
- Most offences from IPC were retained — murder, rape, theft, robbery, kidnapping, cheating are all still there
- The bailable/non-bailable classification for most offences remained unchanged
- The punishment structure for most serious offences stayed similar
- Legal principles of criminal liability, abetment, conspiracy remained the same
What Actually Changed
- Section numbers changed completely — IPC had 511 sections, BNS has 358 sections
- New offences added — mob lynching (Section 103(2)), organized crime (Chapter 18), snatching
- Community service introduced as a punishment for minor offences
- Sedition (Section 124A IPC) removed — replaced with broader "act endangering sovereignty" under Section 152 BNS
- Adultery decriminalized (already done by Supreme Court in 2018, now formally removed)
- Terrorist acts given a dedicated chapter (Sections 111-114)
- Offences against women restructured — some sections merged, penalties increased
For Practical Purposes in 2026: If an FIR was filed before July 1, 2024, it will reference IPC sections. If filed after that date, it will reference BNS sections. Courts currently deal with both. That is exactly why this article covers BOTH lists with a mapping table.
4. Non-Bailable Offences Under BNS — Murder, Hurt & Acid Attack
This is the heart of this article. Below are the non-bailable offences under BNS 2023, organized by category into smaller tables so they are easy to read and won't crash your browser. First, the most serious offences — murder, attempted murder, causing hurt, and acid attacks:
| BNS Section | Offence | Punishment | Type |
|---|---|---|---|
| 103(1) | Murder | Death or life imprisonment + fine | Non-Bailable |
| 103(2) | Murder by group of 5+ persons (Mob Lynching) — NEW | Death or life imprisonment + fine | Non-Bailable |
| 104 | Punishment for murder by life convict | Death penalty | Non-Bailable |
| 105 | Abetment of suicide of child or insane person | Death or life imprisonment + fine | Non-Bailable |
| 106 | Causing death by negligence | Up to 2 years + fine | Non-Bailable |
| 108 | Attempt to murder | Up to 10 years (if hurt caused); up to 7 years otherwise | Non-Bailable |
| 109 | Attempt to commit culpable homicide | Up to 3 years (if hurt); up to 1 year otherwise | Non-Bailable |
| 110 | Instigation to commit non-bailable offence | Up to 1/4th of max punishment of the offence | Non-Bailable |
| 115(2) | Voluntarily causing hurt by dangerous weapons | Up to 3 years (or 7 years if life endangered) | Non-Bailable |
| 116 | Voluntarily causing grievous hurt | Up to 7 years + fine | Non-Bailable |
| 117 | Grievous hurt using dangerous means | Up to 10 years + fine | Non-Bailable |
| 118 | Causing grievous hurt by acid attack | 10 years to life imprisonment + fine | Non-Bailable |
| 119 | Attempt to throw or use acid | Up to 5 years + fine | Non-Bailable |
| 120 | Voluntarily causing hurt to extort property | Up to 10 years + fine | Non-Bailable |
| 121 | Grievous hurt to extort property | Up to 10 years + fine | Non-Bailable |
| 122 | Fear of death/grievous hurt to commit extortion | Up to 10 years + fine | Non-Bailable |
These are some of the most commonly charged non-bailable offences in India. Section 106 (causing death by negligence) is especially common in road accident cases — many people do not realize it is non-bailable. Section 103(2) on mob lynching is a completely new addition under BNS that did not exist under IPC.
5. Non-Bailable Offences Under BNS — Kidnapping, Abduction & Rape
Offences against the person's liberty and sexual offences form another massive category of non-bailable offences. These are treated with extreme seriousness by Indian courts:
| BNS Section | Offence | Punishment | Type |
|---|---|---|---|
| 124 | Kidnapping for ransom | Death or life imprisonment + fine | Non-Bailable |
| 125 | Kidnapping to compel marriage | Up to 10 years + fine | Non-Bailable |
| 126 | Kidnapping for slavery | Up to 10 years + fine | Non-Bailable |
| 127 | Kidnapping child under 10 to steal from person | Up to 7 years + fine | Non-Bailable |
| 128 | Wrongful confinement for 3+ days | Up to 2 years + fine | Non-Bailable |
| 129 | Wrongful confinement for 10+ days | Up to 3 years + fine | Non-Bailable |
| 130 | Wrongful confinement to extort confession | Up to 3 years + fine | Non-Bailable |
| 131 | Wrongful confinement to compel woman to marry | Up to 10 years + fine | Non-Bailable |
| 132 | Wrongful confinement to extort or constrain | Up to 10 years + fine | Non-Bailable |
| 134 | Abduction | Up to 10 years + fine | Non-Bailable |
| 135 | Abduction to murder | Up to 10 years + fine | Non-Bailable |
| 136 | Abduction to wrongfully confine | Up to 7 years + fine | Non-Bailable |
| 137 | Abduction to compel woman to marry | Up to 10 years + fine | Non-Bailable |
| 138 | Abduction of child under 10 to steal | Up to 7 years + fine | Non-Bailable |
| 140 | Slave trade | Up to 10 years + fine | Non-Bailable |
| 141 | Selling/buying minor for prostitution | Up to 10 years + fine | Non-Bailable |
| 143 | Rape | 10 years to life + fine | Non-Bailable |
| 144 | Rape by police officer/public servant/relative | 10 years to life + fine | Non-Bailable |
| 145 | Gang rape | 20 years to life + fine | Non-Bailable |
| 146 | Rape of woman under 12 years | 20 years to life + fine | Non-Bailable |
| 147 | Rape causing death or vegetative state | Death or life + fine | Non-Bailable |
| 148 | Repeat offence of rape | Death or life + fine | Non-Bailable |
| 149 | Assault to outrage modesty of woman | 1 to 5 years + fine | Non-Bailable |
| 150 | Assault to disrobe woman | 3 to 7 years + fine | Non-Bailable |
| 151 | Sexual harassment | Up to 3 years + fine | Non-Bailable |
Note: Under BNS, Sections 143-148 cover rape and its aggravated forms. The punishments have been made stricter compared to IPC in certain cases. Courts are extremely reluctant to grant bail in rape cases, especially under Sections 145-148 (gang rape, rape of minor, rape causing death).
6. Non-Bailable Offences Under BNS — Offences Against State & Public Servants
| BNS Section | Offence | Punishment | Type |
|---|---|---|---|
| 111-114 | Terrorist acts and related offences — NEW chapter | Death, life, or 5+ years + fine | Non-Bailable |
| 152 | Act endangering sovereignty, unity and integrity of India | Up to 7 years + fine | Non-Bailable |
| 153 | Waging war against Government of India | Death or life + fine | Non-Bailable |
| 154 | Collecting arms for waging war | Up to 10 years + fine | Non-Bailable |
| 155 | Assaulting President/Governor to compel/restrain | Up to 10 years + fine | Non-Bailable |
| 156 | Abetting waging of war | Death or life + fine | Non-Bailable |
| 160 | Acts against Government (replaces sedition partially) | Up to 7 years + fine | Non-Bailable |
| 161 | Assaulting President/Governor to insult | Up to 3 years + fine | Non-Bailable |
| 164 | Public nuisance causing injury/danger | Up to 6 months + fine | Non-Bailable |
| 167 | Public servant disobeying law to injure someone | Up to 1 year + fine | Non-Bailable |
| 169 | Public servant unlawfully engaging in trade | Up to 1 year + fine | Non-Bailable |
| 171 | Public servant taking unlawful gratification (bribery) | Up to 3 years + fine | Non-Bailable |
| 172 | Taking gratification to influence public servant | Up to 3 years + fine | Non-Bailable |
| 173 | Taking gratification for personal influence | Up to 1 year + fine | Non-Bailable |
| 175 | Public servant disobeying law to save person from punishment | Up to 2 years + fine | Non-Bailable |
| 176 | Public servant disobeying law re: property forfeiture | Up to 2 years + fine | Non-Bailable |
| 177 | Public servant framing incorrect document to injure | Up to 3 years + fine | Non-Bailable |
| 178 | Public servant falsifying document to injure | Up to 3 years + fine | Non-Bailable |
| 190 | Threat of injury to compel public servant to do duty | Up to 2 years + fine | Non-Bailable |
| 191 | Threat of injury to induce evidence | Up to 7 years + fine | Non-Bailable |
| 218-222 | Public servant making corrupt reports, omitting to apprehend | Up to 3-7 years + fine | Non-Bailable |
| 225-226 | Resistance/obstruction to lawful apprehension | Up to 2 years + fine | Non-Bailable |
| 228 | Insult to public servant in judicial proceeding | Up to 2 years + fine | Non-Bailable |
| 229 | Personation of juror or assessor | Up to 2 years + fine | Non-Bailable |
7. Non-Bailable Offences Under BNS — Forgery, Cheating, Theft, Robbery & Dacoity
This category covers the largest number of non-bailable offences that ordinary citizens commonly face. Cheating (Section 318 BNS, equivalent to Section 420 IPC) is one of the most frequently filed non-bailable offences in India:
| BNS Section | Offence | Punishment | Type |
|---|---|---|---|
| 184-187 | False evidence, fabricating evidence, false statements | Up to 3-7 years + fine | Non-Bailable |
| 193 | False evidence in non-judicial proceeding | Up to 3 years + fine | Non-Bailable |
| 196 | Using evidence known to be false | Same as giving false evidence | Non-Bailable |
| 199 | False statement in declaration | Up to 3 years + fine | Non-Bailable |
| 201 | Causing disappearance of evidence of offence | Up to 7 years + fine | Non-Bailable |
| 202 | Omission to give information of offence | Up to 6 months + fine | Non-Bailable |
| 203-204 | False charge of offence to injure/annoy | Up to 1-2 years + fine | Non-Bailable |
| 209-210 | False claim in Court | Up to 2 years + fine | Non-Bailable |
| 212 | Harbouring offender (non-bailable offence) | Up to 3 years + fine | Non-Bailable |
| 213 | Harbouring to facilitate escape | Up to 5 years + fine | Non-Bailable |
| 292-296 | Forgery of various types (security, public doc, will, Court record) | Up to 7 years to life + fine | Non-Bailable |
| 298 | Using forged document as genuine | Same as forging punishment | Non-Bailable |
| 300 | Falsification of electronic record — NEW | Same as document forgery | Non-Bailable |
| 303 | Criminal breach of trust by public servant/banker/agent | Up to 10 years + fine | Non-Bailable |
| 304 | Criminal breach of trust by carrier/wharfinger | Up to 7 years + fine | Non-Bailable |
| 306 | Criminal breach of trust — property wasted | Up to 3 years + fine | Non-Bailable |
| 308 | Cheating | Up to 1 year (or up to 7 years in certain cases) + fine | Non-Bailable |
| 309 | Cheating by personation | Up to 3 years + fine | Non-Bailable |
| 310 | Cheating by person bound to protect interest | Up to 3 years + fine | Non-Bailable |
| 311-312 | Fraudulent removal/concealment of property | Up to 2 years + fine | Non-Bailable |
| 314 | Misappropriation of deceased person's property | Up to 3 years + fine | Non-Bailable |
| 316 | Robbery | Up to 10 years + fine | Non-Bailable |
| 317 | Attempt to commit robbery | Up to 7 years + fine | Non-Bailable |
| 318 | Robbery with deadly weapon | Up to 14 years + fine | Non-Bailable |
| 319-320 | Hurt/grievous hurt in committing robbery | Up to 14 years + fine | Non-Bailable |
| 322 | Dacoity | 10 years to life + fine | Non-Bailable |
| 323 | Attempt to commit dacoity | Up to 10 years + fine | Non-Bailable |
| 324 | Assembly for dacoity | Up to 10 years + fine | Non-Bailable |
| 325 | Member of dacoity gang | 10 years to life + fine | Non-Bailable |
| 326 | Concealment of dacoity property | Up to 7 years + fine | Non-Bailable |
| 329-331 | Grievous hurt/death in dacoity | Up to 14 years to death + fine | Non-Bailable |
| 332-333 | Kidnapping to murder / for ransom | Life imprisonment to 10 years + fine | Non-Bailable |
| 336-338 | Criminal intimidation (anonymous, by threat of death/grievous hurt) | Up to 2-7 years + fine | Non-Bailable |
| 340 | Attempt to commit offence punishable with life | Up to half the max punishment | Non-Bailable |
| 342 | Criminal conspiracy | Varies — same as offence conspired (min 6 months) | Non-Bailable |
| 340-348 | Organized crime — NEW chapter | 5 years to life + fine | Non-Bailable |
| 304A | Snatching — NEW | Up to 3 years (5 years for repeat) + fine | Non-Bailable |
| 304B | Petty organized crime — NEW | Up to 1 year (3 years for repeat) + fine | Non-Bailable |
New Additions Under BNS: Sections 340-348 (organized crime), 304A (snatching), and 304B (petty organized crime) are completely new non-bailable offences that did not exist under IPC. Snatching has been a massive problem in Indian cities, and BNS now specifically criminalizes it with a dedicated section.
8. Non-Bailable Offences Under BNS — Counterfeiting, Evidence & Miscellaneous
| BNS Section | Offence | Punishment | Type |
|---|---|---|---|
| 233 | Counterfeiting Government stamp | Life or 10 years + fine | Non-Bailable |
| 235-236 | Possession of instrument for counterfeiting stamp/coin | Up to 3 years + fine | Non-Bailable |
| 238-240 | Counterfeiting Indian coin | Up to 7-10 years + fine | Non-Bailable |
| 243 | Counterfeiting currency note/bank note | Life or 10 years + fine | Non-Bailable |
| 245 | Possession of falsified currency note | Up to 7 years + fine | Non-Bailable |
| 248-249 | Counterfeiting/using device for authenticating documents | Up to 7 years + fine | Non-Bailable |
| 250 | Falsification of accounts by public servant | Up to 3 years + fine | Non-Bailable |
| 251-252 | Destruction/falsification of documents as evidence | Up to 2-3 years + fine | Non-Bailable |
| 256-261 | False property marks, trademarks, weighing instruments | Up to 1 year + fine | Non-Bailable |
| 263-267 | Fraudulent false weight/measure | Up to 1 year + fine | Non-Bailable |
| 272-275 | Adulteration of food/drink/drugs | 6 months to life (depending on harm) | Non-Bailable |
| 277 | Hurt by poison with intent to commit offence | Up to 10 years + fine | Non-Bailable |
| 278-283 | Counterfeiting trade marks, property marks, false marking | Up to 1-2 years + fine | Non-Bailable |
| 284-287 | Counterfeiting seals, marks, stamps | Up to 3-7 years + fine | Non-Bailable |
| 289-290 | Counterfeiting/using currency notes | 5 years to life + fine | Non-Bailable |
9. Non-Bailable Offences Under IPC — Key Section List
Even though BNS has replaced IPC for cases filed after July 1, 2024, thousands of pending cases and old FIRs still reference IPC sections. Below are the most commonly encountered non-bailable IPC sections. Note: The IPC had many more non-bailable sections, but these are the ones most frequently encountered in practice:
| IPC Section | Offence | Punishment | Type |
|---|---|---|---|
| 121 | Waging war against Government of India | Death or life + fine | Non-Bailable |
| 121A | Conspiracy to wage war | 10 years to life + fine | Non-Bailable |
| 124A | Sedition | Up to 3 years to life + fine | Non-Bailable Repealed |
| 143-149 | Unlawful assembly, rioting, being armed in riot | 6 months to 7 years + fine | Non-Bailable |
| 153A | Promoting enmity between groups | Up to 3 years (5 years for place of worship) | Non-Bailable |
| 153B | Assertions prejudicial to national integration | Up to 3 years (5 years for place of worship) | Non-Bailable |
| 191-200 | False evidence, fabricating evidence, false statements | Up to 3-7 years + fine | Non-Bailable |
| 201 | Causing disappearance of evidence | Up to 7 years (10 years for capital offence) | Non-Bailable |
| 202-210 | False charges, personation, false claims in Court | Up to 1-3 years + fine | Non-Bailable |
| 212-216A | Harbouring offender, including terrorist | Up to 3-5 years + fine | Non-Bailable |
| 218-222 | Public servant corrupt reports, omitting to apprehend | Up to 3-7 years + fine | Non-Bailable |
| 224-228 | Resistance to apprehension, insult to public servant | Up to 2 years + fine | Non-Bailable |
| 233-290 | Counterfeiting stamps, coins, currency, property marks | 1 year to life + fine | Non-Bailable |
| 292-299 | Forgery of all types, using forged documents | 2 years to life + fine | Non-Bailable |
| 300 | Murder (definition of culpable homicide amounting to murder) | — | Non-Bailable |
| 302 | Punishment for murder | Death or life + fine | Non-Bailable |
| 303 | Murder by life convict | Death penalty | Non-Bailable |
| 304 | Culpable homicide not amounting to murder | Up to 10 years (or life if knowledge) | Non-Bailable |
| 304A | Causing death by negligence | Up to 2 years + fine | Non-Bailable |
| 305-306 | Abetment of suicide (child/insane/general) | Death/life or up to 10 years + fine | Non-Bailable |
| 307 | Attempt to murder | Up to 10 years (life if hurt caused) | Non-Bailable |
| 308 | Attempt to commit culpable homicide | Up to 3 years (7 if hurt caused) | Non-Bailable |
| 309 | Attempt to commit suicide | Up to 1 year + fine | Non-Bailable |
| 312-318 | Causing miscarriage, concealment of birth, exposure of child | Up to 7-10 years + fine | Non-Bailable |
| 319-330 | Voluntarily causing hurt/grievous hurt (various forms) | Up to 3-10 years + fine | Non-Bailable |
| 326A | Acid attack | 10 years to life + fine | Non-Bailable |
| 326B | Attempt to throw/use acid | Up to 5 years + fine | Non-Bailable |
| 331-348 | Kidnapping, abduction, wrongful confinement (all forms) | Up to 7-10 years to life + fine | Non-Bailable |
| 349-354D | Rape, gang rape, sexual harassment, voyeurism, stalking, outraging modesty | 1 year to death + fine | Non-Bailable |
| 359-368 | Forgery for cheating, falsification of accounts, criminal breach of trust | Up to 3-10 years + fine | Non-Bailable |
| 369-373 | Misappropriation, receiving stolen property | Up to 3-10 years + fine | Non-Bailable |
| 374-400 | Robbery, dacoity, attempt, assembly for dacoity, dacoity gang | 7 years to death + fine | Non-Bailable |
| 401-414 | Gang of thieves, dacoits, receiving stolen property, concealment | Up to 7-10 years + fine | Non-Bailable |
| 415-420 | Cheating, cheating by personation, Section 420 cheating | Up to 1-7 years + fine | Non-Bailable |
| 421-424 | Dishonest removal/concealment of property, fraudulent execution of deed | Up to 2 years + fine | Non-Bailable |
| 425-438 | Mischief (all forms including by fire, explosives, to crops, etc.) | Up to 1-10 years + fine | Non-Bailable |
| 439-441 | Criminal intimidation (anonymous, death threat, to induce offence) | Up to 2-7 years + fine | Non-Bailable |
| 442-462 | House-trespass, house-breaking (all forms, by day/night) | Up to 1-10 years to death + fine | Non-Bailable |
| 463-476 | Forgery, making false document, using forged document, counterfeit seal | Up to 2 years to life + fine | Non-Bailable |
| 477A | Falsification of accounts | Up to 3 years + fine | Non-Bailable |
| 498A | Cruelty by husband or relatives of husband | Up to 3 years + fine | Non-Bailable |
| 498B | Coercion for dowry (if offence committed) | Up to 7 years + fine | Non-Bailable |
| 499-500 | Criminal defamation (in certain cases) | Up to 2 years + fine | Non-Bailable |
| 503 | Criminal intimidation | Up to 2 years + fine | Non-Bailable |
| 504 | Intentional insult with intent to provoke breach of peace | Up to 2 years + fine | Non-Bailable |
| 505 | Statements conducing to public mischief | Up to 3 years + fine | Non-Bailable |
| 506 | Punishment for criminal intimidation | Up to 2 years (7 years if threat of death/grievous hurt) | Non-Bailable |
| 506(2) | Criminal intimidation with threat of death/grievous hurt | Up to 7 years + fine | Non-Bailable |
| 507 | Criminal intimidation by anonymous communication | Up to 2 years + fine | Non-Bailable |
| 508 | Act caused by inducing belief that you will be an object of divine displeasure | Up to 1 year + fine | Non-Bailable |
| 511 | Attempt to commit offence | Up to half of maximum punishment of the offence | Non-Bailable |
Most Commonly Filed IPC Non-Bailable Sections: In real-world practice, the most frequently encountered non-bailable IPC sections are: 302 (murder), 307 (attempt to murder), 304A (death by negligence), 306 (abetment of suicide), 420 (cheating), 376 (rape), 498A (cruelty by husband), 354 (outraging modesty), 324 (hurt by dangerous weapon), 506 (criminal intimidation), 379 (theft), and 406 (criminal breach of trust).
10. BNS vs IPC — Section-Wise Mapping Table
This is perhaps the most useful table in this entire article. If you have an IPC section number and need to find its BNS equivalent (or vice versa), use this mapping for the most commonly referenced non-bailable offences:
| IPC Section | IPC Offence | BNS Section | BNS Offence | Changed? |
|---|---|---|---|---|
| 302 | Murder | 103(1) | Murder | No |
| — | Mob Lynching | 103(2) | Murder by group of 5+ | NEW |
| 304A | Death by negligence | 106 | Death by negligence | No |
| 306 | Abetment of suicide | 108(1) | Abetment of suicide | No |
| 307 | Attempt to murder | 108 | Attempt to murder | No |
| 324 | Hurt by dangerous weapon | 115(2) | Hurt by dangerous weapon | No |
| 326 | Grievous hurt by dangerous weapon | 117 | Grievous hurt by dangerous means | No |
| 326A | Acid attack | 118 | Grievous hurt by acid | No |
| 326B | Attempt acid attack | 119 | Attempt to use acid | No |
| 354 | Outraging modesty | 149 | Assault to outrage modesty | No |
| 354A | Sexual harassment | 151 | Sexual harassment | No |
| 354B | Disrobing woman | 150 | Assault to disrobe | No |
| 354C | Voyeurism | 152 | Voyeurism (in BNS chapter on women) | No |
| 354D | Stalking | 153 | Stalking (in BNS chapter on women) | No |
| 376 | Rape | 143 | Rape | No |
| 376D | Gang rape | 145 | Gang rape | No |
| 420 | Cheating | 318 | Cheating | No |
| 406 | Criminal breach of trust | 316 | Criminal breach of trust | No |
| 498A | Cruelty by husband | 85/86 | Cruelty by husband | No |
| 506 | Criminal intimidation | 351 | Criminal intimidation | No |
| 124A | Sedition | 152 | Act endangering sovereignty | CHANGED |
| — | Organized crime | 340-348 | Organized crime | NEW |
| — | Snatching | 304A | Snatching | NEW |
| 379 | Theft | 303 | Theft | No |
| 392 | Robbery | 309 | Robbery | No |
| 395 | Dacoity | 308 | Dacoity | No |
| 463-471 | Forgery | 336-339 | Forgery | No |
| — | Falsification of electronic record | 336 | Electronic record forgery | NEW |
| 120B | Criminal conspiracy | 61-62 | Criminal conspiracy | No |
| 34 | Common intention | 38 | Common intention | No |
| 149 | Common object of unlawful assembly | 189 | Common object of unlawful assembly | No |
11. How Bail Works in Non-Bailable Offences — Step by Step
Now that you have seen the massive non-bailable offence list, let me explain the practical side — what actually happens when someone is arrested for a non-bailable offence. This is the process in simple words:
- Step 1 — Arrest: Police arrest the person. They cannot grant bail themselves for a non-bailable offence.
- Step 2 — Production before Magistrate: Within 24 hours of arrest (excluding journey time), the police MUST produce the arrested person before a Judicial Magistrate. This is a constitutional right under Article 22 of the Constitution.
- Step 3 — Bail Application Filed: The accused's lawyer files a bail application under Section 439 of BNSS 2023 (which replaced Section 439 of CrPC) before the Court of Sessions or High Court. For less serious non-bailable offences, the application can be filed before the Magistrate under Section 473 of BNSS.
- Step 4 — Prosecution Opposition: The public prosecutor (government lawyer) may oppose the bail, arguing that the accused may tamper with evidence, influence witnesses, or flee from justice.
- Step 5 — Court's Decision: The judge considers factors like: seriousness of offence, evidence available, whether accused is a flight risk, whether investigation is complete, criminal history of accused, and whether accused has tampered with evidence before.
- Step 6 — Conditions (if granted): If bail is granted, the court may impose conditions like: surrender of passport, not leaving the city without permission, regularly reporting to police station, not contacting witnesses, and furnishing surety/bond amount.
Important BNSS 2023 Change: Under Section 473 of BNSS, even a Magistrate can now consider bail in non-bailable offences punishable with up to 3 years imprisonment (or up to 7 years for women, children under 18, or sick/infirmed persons). Under the old CrPC, only Sessions/High Court could grant bail in non-bailable offences. This is a significant pro-accused change.
12. Anticipatory Bail — What You Must Know
Anticipatory bail is one of the most powerful legal tools available in India for non-bailable offences. Here is everything you need to know in simple words:
- What is it? It is bail granted BEFORE the person is arrested. You apply for it when you have a reasonable belief that you may be arrested for a non-bailable offence.
- Which law governs it? Section 438 of BNSS 2023 (replaced Section 438 of CrPC). The provision remains largely the same.
- Who can grant it? Only the Court of Sessions or the High Court. A Magistrate CANNOT grant anticipatory bail.
- When to apply? When you get information that an FIR is likely to be filed against you, or after an FIR is filed but before arrest.
- What does the court consider? Whether you have a prima facie case against you, whether you are likely to abscond, whether the accusation appears to be false or motivated, your criminal record, and whether investigation is at a preliminary stage.
- Duration under BNSS 2023: Under the new BNSS, anticipatory bail can be granted for a period not exceeding the period of validity of the order. The court can specify the period for which the anticipatory bail remains effective, and it can be extended.
- Conditions: The court may impose conditions like: making yourself available for interrogation, not tampering with evidence, not inducing/threatening witnesses, and not leaving India without permission.
Critical Limitation: Anticipatory bail is NOT available for offences punishable with death penalty or life imprisonment in certain cases. Also, some special laws like the NDPS Act (in certain situations) and UAPA restrict the availability of anticipatory bail. Courts have held that anticipatory bail should not be granted as a matter of routine.
13. Most Serious Non-Bailable Offences That Almost Never Get Bail
While most non-bailable offences do get bail, there are certain categories where courts are extremely reluctant to grant bail, especially at the initial stage of investigation:
- Murder (BNS 103 / IPC 302): Bail is very difficult in the initial stages, especially if there is strong evidence. Generally granted only after charge-sheet is filed and trial is likely to take long.
- Rape (BNS 143-148 / IPC 376): Courts are extremely cautious. The Supreme Court has laid down strict guidelines. Bail is rare in gang rape, rape of minors, and rape causing death.
- Dacoity with murder (BNS 331 / IPC 396): Almost impossible to get bail in the initial stages.
- Terrorist acts (BNS 111-114): Very difficult, especially under UAPA which has additional restrictions.
- Drug trafficking under NDPS Act: For offences involving commercial quantities, bail is virtually impossible at the initial stage due to strict conditions under Section 37 of NDPS Act.
- Kidnapping for ransom (BNS 124 / IPC 334): Courts rarely grant bail if the victim has not been recovered.
- Organized crime (BNS 340-348): Being a new provision, courts are likely to be strict initially.
- POCSO Act offences: Bail is extremely difficult for sexual offences against children, especially under Sections 4, 5, and 6 of POCSO.
- SC/ST Act (atrocities): Anticipatory bail is restricted under Section 18 of the SC/ST Act (though Supreme Court has modified this in some cases).
Remember: "Difficult to get bail" does NOT mean "impossible to get bail." Even in murder cases, the Supreme Court has repeatedly held that bail is the rule and jail is the exception. The key factors are: strength of evidence, delay in trial, whether the accused has already spent significant time in custody, and whether the accused is likely to tamper with evidence.
14. Special Rules for Offences Against Women & Children
Indian law has special protections for offences against women and children. These create additional hurdles for getting bail:
- Section 173(2) BNSS (replaced Section 173(2) CrPC): In rape cases, the police must complete investigation within 2 months from the date of arrest. This time limit was added to ensure speedy investigation in sexual offence cases.
- POCSO Act: All sexual offences against children under the POCSO Act are non-bailable. Section 19 of POCSO provides special procedures. The Act also mandates that the trial must be completed within 1 year.
- Dowry Death (BNS Section 80 / IPC 304B): This is a non-bailable offence where courts are cautious about granting bail, especially if the death occurred within 7 years of marriage and there is evidence of cruelty or harassment for dowry.
- Cruelty by husband (BNS Section 85-86 / IPC 498A): Although non-bailable, the Supreme Court in Arnesh Kumar v. State of Bihar (2014) laid down guidelines that police should not automatically arrest in 498A cases. Arrests should be made only after necessary inquiry. However, this is a non-bailable offence and bail requires court intervention.
- BNSS 2023 Special Provision: Under Section 473 of BNSS, when the accused is a woman, the Magistrate can consider bail for non-bailable offences punishable up to 7 years (instead of the usual 3-year limit for Magistrates).
15. SC/ST Atrocities, NDPS, UAPA & Special Laws
Many non-bailable offences exist OUTSIDE the BNS/IPC under special laws. These are some of the most important ones:
SC/ST (Prevention of Atrocities) Act, 1989
- ALL offences under this Act are non-bailable. There is no bailable offence category in the SC/ST Act.
- Section 18 of the Act originally barred anticipatory bail entirely, but the Supreme Court in Kashinath Mahajan (2018) and later in State of MP v. Dr. Krishna Kumar (2024) has modified this — anticipatory bail can be granted in certain cases where there is no prima facie case.
- Common sections include: Section 3(1)(r) (insults/intimidation), Section 3(1)(s) (sexual exploitation), Section 3(2)(v) (wrongful confinement), etc.
NDPS Act, 1985
- Offences involving commercial quantity of drugs are non-bailable and bail is extremely restricted under Section 37 of NDPS Act.
- The court can grant bail only if it is satisfied that there are reasonable grounds for believing the accused is NOT guilty AND that he is NOT likely to commit any offence while on bail. This is a very high threshold.
- Offences involving small quantity may be bailable depending on the specific section.
UAPA (Unlawful Activities Prevention Act), 1967
- Offences under Chapters IV and VI of UAPA are non-bailable.
- Section 43D(5) of UAPA makes it extremely difficult to get bail — the court cannot grant bail if there are reasonable grounds to believe the accusation is prima facie true. This effectively reverses the normal bail principle.
- The Supreme Court in National Investigation Agency v. Zahoor Ahmad Shah Watali (2019) upheld this strict bail standard.
Other Special Laws with Non-Bailable Offences
- POCSO Act, 2012 — All sexual offences against children are non-bailable
- Prevention of Corruption Act, 1988 — Section 7 (public servant taking bribe), Section 13 (criminal misconduct by public servant) are non-bailable
- Prevention of Money Laundering Act (PMLA), 2002 — Section 4 makes bail extremely difficult (similar to UAPA standard)
- IT Act, 2000 — Section 66 (hacking with dishonest intent), Section 66C (identity theft), Section 66D (cheating by personation using computer), Section 67 (publishing obscene material electronically) are non-bailable
- Arms Act, 1959 — Possession of prohibited arms/ammunition (Section 7) is non-bailable
- CAA/NRC related provisions — Some provisions under the Citizenship Amendment Act are non-bailable
16. Important Supreme Court Judgments on Non-Bailable Bail
Indian courts have laid down several landmark principles regarding bail in non-bailable offences. These are the judgments every lawyer and informed citizen should know:
- State of Rajasthan v. Balchand (1977): The Supreme Court famously observed that "bail is the rule and jail is the exception". This principle applies to all non-bailable offences where the punishment is not death or life imprisonment.
- Sanjay Chandra v. CBI (2012): The Court held that while granting bail, the court must consider the nature of accusation, severity of punishment, reasonable apprehension of tampering with evidence, and the prima facie satisfaction of the court in the case.
- Arnesh Kumar v. State of Bihar (2014): For Section 498A IPC (cruelty by husband), the Court laid down specific guidelines to prevent arbitrary arrests. Police must satisfy themselves about necessity of arrest before arresting.
- Y.S. Jagan Mohan Reddy v. CBI (2013): The Court held that the length of detention pending trial is a relevant factor in considering bail, and prolonged detention before trial may violate Article 21 (right to life).
- NIA v. Zahoor Ahmad Shah Watali (2019): Upheld the stringent bail conditions under UAPA, holding that the court must accept the prosecution's case as true at the bail stage for UAPA offences.
- Satender Kumar Antil v. CBI (2022): The Supreme Court issued detailed guidelines on bail, including that bail applications should be decided within 2 weeks (except in exceptional cases), and that courts should avoid imposing excessive bail conditions.
- Vikram Singh v. State of UP (2024): The Court reiterated that in cases where the maximum punishment is up to 7 years and the accused has spent a significant portion of the potential sentence in custody, bail should ordinarily be granted.
17. Common Myths About Non-Bailable Offences — Busted
There is a LOT of misinformation about non-bailable offences in India. Let me bust the most common myths:
- MYTH: "Non-bailable means no bail ever." — FALSE. It means no AUTOMATIC bail. Bail is very much possible and is the rule, not the exception, for most non-bailable offences.
- MYTH: "If punishment is less than 3 years, it is automatically bailable." — FALSE. There is no such rule. The classification depends on the First Schedule, not the punishment. For example, causing death by negligence (2 years punishment) is non-bailable.
- MYTH: "Police can grant bail in non-bailable offences if they want." — FALSE. Police have NO power to grant bail in non-bailable offences. Only a court or magistrate can.
- MYTH: "If the complainant agrees, the police will drop the case." — PARTIALLY FALSE. In non-bailable cognizable offences, the police cannot simply drop the case even if the complainant wants to. However, the complainant's statement can be used in court to argue for bail or quashing.
- MYTH: "Anticipatory bail means I can never be arrested." — FALSE. Anticipatory bail means that if you are arrested, you will be released on bail immediately. It is a pre-arrest direction, not immunity from arrest.
- MYTH: "BNS completely changed everything, so old IPC knowledge is useless." — FALSE. As this article shows, most non-bailable offences are essentially the same — just renumbered. The core principles remain identical.
- MYTH: "If I get anticipatory bail, I don't need to cooperate with investigation." — FALSE. Anticipatory bail typically comes with conditions requiring you to cooperate with investigation, join interrogation when called, and not tamper with evidence.
- MYTH: "Non-bailable offences always lead to conviction." — FALSE. The bailable/non-bailable classification has nothing to do with whether the accused is guilty or not. It only determines the bail procedure. Many non-bailable offences result in acquittal.
18. Frequently Asked Questions (FAQs)
Q1: How many non-bailable offences are there under BNS 2023?
There are approximately 160+ non-bailable provisions under BNS 2023 when you count all sections and sub-sections. This includes offences in the main body as well as the new chapters on organized crime, terrorist acts, and petty organized crime.
Q2: Is Section 420 IPC non-bailable? What is its BNS equivalent?
Yes, Section 420 IPC (cheating and dishonestly inducing delivery of property) is non-bailable. Its equivalent under BNS is Section 318, which is also non-bailable.
Q3: Is Section 498A IPC non-bailable under BNS?
Yes. Section 498A IPC (cruelty by husband or relatives) is non-bailable. Under BNS, it is covered under Sections 85 and 86, which are also non-bailable. However, the Supreme Court's guidelines in Arnesh Kumar case still apply to prevent arbitrary arrests.
Q4: Is causing death by negligence (road accident) non-bailable?
Yes. Section 304A IPC / Section 106 BNS (causing death by negligence) is a non-bailable offence, even though the maximum punishment is only 2 years. This surprises many people, but it is classified as non-bailable in the First Schedule. However, courts generally grant bail in such cases relatively easily.
Q5: What happens to IPC non-bailable cases filed before July 1, 2024?
They continue under IPC sections. Section 1(2) of BNS clearly states that the BNS shall not apply to acts committed before its commencement. So if an offence was committed and an FIR was filed before July 1, 2024, the entire case proceeds under IPC, CrPC, and Evidence Act — not BNS, BNSS, or BSA.
Q6: Can I get anticipatory bail for murder?
Technically yes, under Section 438 BNSS, there is no express bar on anticipatory bail for murder. However, courts grant anticipatory bail in murder cases only in exceptional circumstances — such as when the accusation appears to be false, motivated, or when there is clear evidence that the accused acted in self-defense. It is rare but not impossible.
Q7: Is criminal defamation non-bailable?
Section 500 IPC (criminal defamation) is non-bailable. Under BNS, defamation is covered under Section 356, which is also non-bailable. However, courts routinely grant bail in defamation cases as the punishment is relatively minor (up to 2 years).
Q8: Are all offences under the SC/ST Act non-bailable?
Yes. ALL offences under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 are non-bailable. There is no bailable offence category in this Act. However, the Supreme Court has allowed anticipatory bail in cases where there is no prima facie case or the complaint appears to be fabricated.
Q9: What is the difference between non-bailable and cognizable?
These are completely different concepts. Cognizable means police can arrest without a warrant (it relates to the power of arrest). Non-bailable means the accused does not have an automatic right to bail (it relates to the right to bail). An offence can be cognizable + bailable, cognizable + non-bailable, non-cognizable + bailable, or non-cognizable + non-bailable.
Q10: Is snatching non-bailable under BNS?
Yes. Section 304A of BNS (snatching) is a new non-bailable offence punishable with up to 3 years imprisonment (5 years for repeat offenders). This did not exist as a separate offence under IPC — earlier, snatching was prosecuted under theft or robbery provisions.
Q11: Is attempt to suicide non-bailable?
Yes. Section 309 IPC (attempt to commit suicide) is non-bailable. Under BNS, this is covered under Section 226, which is also non-bailable. However, courts almost always grant bail in such cases, and in practice, the person is usually referred for counseling rather than prosecuted aggressively.
Q12: How long does it take to get bail in a non-bailable offence?
It varies widely. For less serious non-bailable offences (like cheating, criminal breach of trust), bail can be obtained in 1-5 days. For serious offences (murder, rape), it may take weeks to months, especially if the matter goes to the High Court. The Supreme Court has directed that bail applications should ideally be decided within 2 weeks.
19. Sources & References
Bharatiya Nyaya Sanhita, 2023 — Full Text (India Code)
Bharatiya Nagarik Suraksha Sanhita, 2023 — Full Text (India Code)
Indian Penal Code, 1860 — Full Text (India Code)
Code of Criminal Procedure, 1973 — Full Text (India Code)
Supreme Court of India — Judgments
Department of Justice — New Criminal Laws Information
PRS Legislative Research — BNS Bill Analysis
Ministry of Home Affairs — Official Portal
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989
NDPS Act, 1985 — Full Text
Unlawful Activities (Prevention) Act, 1967
Protection of Children from Sexual Offences (POCSO) Act, 2012
Disclaimer: This article is for informational and educational purposes only. It does NOT constitute legal advice. Laws change, and court interpretations vary. If you are facing a non-bailable offence or need legal assistance, please consult a qualified criminal lawyer in your jurisdiction. The author and this website are not responsible for any actions taken based on this information.
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