What is the difference between bailable and non-bailable offences?

In bailable offences, bail is a right of the accused and must be granted by the police or court. In non-bailable offences, bail is not a right — it is at the court's discretion. Non-bailable offences are generally more serious crimes.

What is the difference between cognizable and non-cognizable offences?

In cognizable offences, police can arrest without a warrant and investigate without court permission. In non-cognizable offences, police cannot arrest without a warrant — they need a magistrate's order to investigate.

Is IPC Section 302 (Murder) bailable or non-bailable?

IPC Section 302 (Murder) is a non-bailable and cognizable offence, triable exclusively by the Court of Session. Under BNS, it is now Section 103.

Is IPC 420 (Cheating) bailable or non-bailable?

IPC Section 420 (Cheating) is non-bailable and cognizable, triable by the Magistrate of First Class. Under BNS, it is Section 318.

Bail Reference Table

Bailable & Non-Bailable
Offences — IPC / BNS

Classify every IPC section by bail status, cognizability, and court jurisdiction. Updated for BNS 2024. Essential for lawyers, students, and UPSC aspirants.

139

Total Sections

Bailable

Non-Bailable

Cognizable

Bailable Offence

Bail is a right — the police or court must grant it. The accused can demand bail as a matter of right. Generally less serious offences with lower punishments.

Examples: IPC 323 (Simple Hurt), IPC 279 (Rash Driving), IPC 268 (Public Nuisance)

Non-Bailable Offence

Bail is not a right — it is at the court's discretion. The court considers gravity of offence, flight risk, evidence tampering risk, and public safety.

Examples: IPC 302 (Murder), IPC 376 (Rape), IPC 392 (Robbery)

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Bail Status

Cognizability

Triable By

Showing 139 of 139 sections

Section	Offence	Bail Status	Cognizable?	Court	BNS §
34	Common Intention (Constructive Liability) Same as the principal offender for the substantive offence	Varies	Varies	Varies	§ 3(5)	View
107	Abetment (Definition) Varies (see Section 109)	Varies	Varies	Varies	§ 45	View
109	Punishment for Abetment Same as offence abetted	Varies	Varies	As per offence abetted	§ 48	View
120A	Criminal Conspiracy (Definition) Varies (see Section 120B)	Non-Bailable	Cognizable	Same as offence conspired for	§ 61	View
120B	Criminal Conspiracy (Punishment) Same as abetment of planned offence; or up to 6 months for lesser conspiracies	Varies	Varies	Varies	§ 61	View
121	Waging War Death or Life Imprisonment + Fine	Non-Bailable	Varies	Court of Session	§ 147	View
121A	Conspiracy to Wage War Life Imprisonment or 10 years + Fine	Non-Bailable	Varies	Court of Session	§ 148	View
122	Collecting Arms for War Life Imprisonment or 10 years + Fine	Non-Bailable	Varies	Court of Session	§ 149	View
123	Concealing War Design Up to 10 years + Fine	Non-Bailable	Varies	Court of Session	§ 150	View
124A	Sedition Life Imprisonment + Fine / 3 years + Fine	Non-Bailable	Varies	Court of Session	§ 152	View
125	War against Allied Powers Life Imprisonment or 7 years + Fine	Non-Bailable	Varies	Court of Session	§ 151	View
141	Unlawful Assembly (Definition) See Section 143	Bailable	Varies	Any Magistrate	§ 189	View
143	Unlawful Assembly (Punishment) 6 months or Fine or both	Bailable	Varies	Any Magistrate	§ 189	View
144	Joining Unlawful Assembly Armed with Deadly Weapon 2 years or Fine or both	Bailable	Cognizable	Any Magistrate	§ 189	View
146	Rioting (Definition) See Section 147	Bailable	Varies	Any Magistrate	§ 191	View
147	Rioting (Punishment) 2 years or Fine or both	Bailable	Varies	Any Magistrate	§ 191	View
148	Armed Rioting 3 years or Fine or both	Non-Bailable	Varies	Magistrate First Class	§ 191	View
149	Vicarious Liability — Common Object Same as the offence committed	Varies	Varies	Same as the offence	§ 190	View
151	Disobeying Dispersal Order 6 months or Fine or both	Bailable	Cognizable	Any Magistrate	§ 193	View
153A	Hate Speech / Promoting Enmity 3 to 5 years + Fine	Non-Bailable	Varies	Magistrate First Class	§ 196	View
153B	Anti-National Assertions 3 to 5 years + Fine	Non-Bailable	Varies	Magistrate First Class	§ 197	View
159	Affray (Public Fight) See Section 160	Bailable	Non-Cognizable	Any Magistrate	§ 204	View
160	Affray (Punishment) 1 month or ₹100 Fine or both	Bailable	Non-Cognizable	Any Magistrate	§ 204	View
191	Perjury (Definition) See Section 193	Bailable	Non-Cognizable	Magistrate First Class	§ 227	View
192	Fabricating Evidence See Section 193	Bailable	Non-Cognizable	Magistrate First Class	§ 227	View
193	Punishment for Perjury / Fabricating Evidence 7 years + Fine (Judicial) / 3 years + Fine (Other)	Bailable	Non-Cognizable	Magistrate First Class	§ 229	View
201	Destroying Evidence / Screening an Offender 7 years / 3 years / 1/4th of max + Fine (scaled to underlying offence)	Bailable	Non-Cognizable	Magistrate First Class	§ 238	View
211	Filing False Criminal Complaint 2 years / 7 years + Fine (if for capital offence)	Bailable	Non-Cognizable	Magistrate / Court of Session	§ 248	View
212	Harbouring Criminals Up to 5 years / 3 years / 1/4th of max + Fine (scaled to offence)	Bailable	Cognizable	Magistrate First Class	§ 249	View
224	Resisting Own Arrest 2 years or Fine or both	Bailable	Cognizable	Any Magistrate	§ 262	View
225	Resisting Another Person's Arrest 2 to 10 years / Life + Fine (scaled to underlying offence)	Varies	Cognizable	Magistrate / Court of Session	§ 263	View
228	Contempt of Court (IPC) 6 months or ₹1,000 fine or both	Bailable	Non-Cognizable	The Court in which the offence is committed	§ 264	View
228A	Revealing Rape Victim Identity Up to 2 years + Fine	Bailable	Cognizable	Any Magistrate	§ 72	View
268	Public Nuisance (Definition) See Section 290	Bailable	Non-Cognizable	Any Magistrate	§ 270	View
269	Negligent Spread of Infection 6 months or Fine or both	Bailable	Cognizable	Any Magistrate	§ 271	View
270	Malignant Spread of Infection 2 years or Fine or both	Bailable	Cognizable	Any Magistrate	§ 272	View
272	Food Adulteration 6 months or ₹1,000 Fine or both	Bailable	Non-Cognizable	Any Magistrate	§ 273	View
273	Selling Adulterated Food 6 months or ₹1,000 Fine or both	Bailable	Non-Cognizable	Any Magistrate	§ 274	View
279	Rash Driving 6 months or ₹1,000 Fine or both	Bailable	Cognizable	Any Magistrate	§ 281	View
290	Public Nuisance (Punishment) Fine up to ₹200	Bailable	Non-Cognizable	Any Magistrate	§ 270	View
292	Obscenity — Books/Material 2 to 5 years + Fine	Bailable	Cognizable	Any Magistrate	§ 294	View
294	Obscene Acts/Songs in Public 3 months or Fine or both	Bailable	Cognizable	Any Magistrate	§ 296	View
295	Defiling Place of Worship 2 years or Fine or both	Bailable	Cognizable	Any Magistrate	§ 298	View
295A	Outraging Religious Feelings 3 years or Fine or both	Non-Bailable	Cognizable	Magistrate of the First Class	§ 299	View
296	Disturbing Religious Assembly 1 year or Fine or both	Bailable	Cognizable	Any Magistrate	§ 300	View
297	Desecrating Burial Grounds 1 year or Fine or both	Bailable	Cognizable	Any Magistrate	§ 301	View
298	Wounding Religious Feelings (Verbal/Gestural) 1 year or Fine or both	Bailable	Non-Cognizable	Any Magistrate	§ 302	View
299	Culpable Homicide (Definition) See Section 304	Non-Bailable	Varies	Court of Session	§ 100	View
300	Murder (Definition) See Section 302	Non-Bailable	Varies	Court of Session	§ 101	View
302	Murder Death penalty or Life Imprisonment + Fine	Non-Bailable	Varies	Court of Session	§ 103	View
304	Culpable Homicide (Punishment) Life imprisonment or 10 years + Fine (Part I); 10 years + Fine (Part II)	Non-Bailable	Varies	Court of Session	§ 105	View
304A	Negligent Homicide 2 years or Fine or both	Bailable	Varies	Magistrate First Class	§ 106	View
304B	Dowry Death Min 7 years to Life	Non-Bailable	Cognizable	Court of Session	§ 80	View
306	Abetment of Suicide Up to 10 years RI + Fine	Non-Bailable	Cognizable	Court of Session	§ 108	View
307	Attempt to Murder Up to 10 years / Life if hurt caused	Non-Bailable	Varies	Court of Session	§ 109	View
312	Causing Miscarriage (Illegal Abortion) 3 years or Fine; 7 years + Fine (if quick with child)	Bailable	Non-Cognizable	Magistrate First Class	§ 88	View
313	Forced Miscarriage Life or 10 years + Fine	Non-Bailable	Cognizable	Court of Session	§ 89	View
315	Preventing Live Birth / Infanticide Up to 10 years + Fine	Non-Bailable	Cognizable	Court of Session	§ 91	View
317	Child Abandonment Up to 7 years + Fine	Bailable	Cognizable	Magistrate First Class	§ 93	View
318	Concealment of Birth Up to 2 years or Fine or both	Bailable	Cognizable	Magistrate First Class	§ 94	View
319	Hurt (Definition) See Section 323	Bailable	Non-Cognizable	Any Magistrate	§ 114	View
320	Grievous Hurt (Definition — 8 categories) See Section 325	Bailable	Cognizable	Any Magistrate	§ 116	View
323	Voluntarily Causing Hurt 1 year or ₹1,000 Fine or both	Bailable	Non-Cognizable	Any Magistrate	§ 115	View
325	Voluntarily Causing Grievous Hurt 7 years + Fine	Bailable	Cognizable	Any Magistrate	§ 117	View
326A	Acid Attack Min 10 years to Life + Fine (paid to victim)	Non-Bailable	Cognizable	Court of Session	§ 124	View
354	Outraging Modesty of a Woman Min 1 year to 5 years + Fine	Non-Bailable	Cognizable	Any Magistrate	§ 74	View
354A	Sexual Harassment Up to 3 years or 1 year depending on sub-section	Bailable	Varies	Any Magistrate	§ 75	View
354B	Intent to Disrobe Min 3 years to 7 years + Fine	Non-Bailable	Cognizable	Magistrate First Class	§ 76	View
354C	Voyeurism 1-3 years (1st conviction); 3-7 years (2nd)	Non-Bailable	Cognizable	Magistrate First Class	§ 77	View
354D	Stalking Up to 3 years (1st conviction); 5 years (2nd)	Non-Bailable	Cognizable	Any Magistrate	§ 78	View
359	Kidnapping (Two Types) See Section 363	Non-Bailable	Cognizable	Court of Session	§ 137	View
362	Abduction (Definition) Varies — see Sections 364–366	Varies	Cognizable	Varies	§ 138	View
363	Kidnapping (Punishment) 7 years + Fine	Bailable	Cognizable	Magistrate First Class	§ 140	View
375	Rape (Definition) See Section 376	Non-Bailable	Varies	Court of Session	§ 63	View
376	Rape (Punishment) Min 10 years RI to Life / Death in specified cases	Non-Bailable	Varies	Court of Session	§ 64	View
378	Theft (Definition) See Section 379	Bailable	Cognizable	Any Magistrate	§ 303	View
379	Theft (Punishment) 3 years or Fine or both	Bailable	Cognizable	Any Magistrate	§ 303	View
379A	Snatching 3 to 10 years + Fine	Non-Bailable	Varies	Magistrate First Class	§ 304	View
383	Extortion (Definition) See Section 384	Bailable	Non-Cognizable	Any Magistrate	§ 308	View
384	Extortion (Punishment) 3 years or Fine or both	Bailable	Cognizable	Any Magistrate	§ 308	View
390	Robbery (Definition) See Section 392	Non-Bailable	Cognizable	Court of Session	§ 161	View
391	Dacoity (Definition) See Section 395	Non-Bailable	Cognizable	Court of Session	§ 162	View
392	Robbery (Punishment) 10 years RI + Fine; 14 years if on highway at night	Non-Bailable	Cognizable	Magistrate First Class	§ 161	View
395	Dacoity (Punishment) Life Imprisonment or 10 years + Fine	Non-Bailable	Cognizable	Court of Session	§ 162	View
403	Dishonest Misappropriation 2 years or Fine or both	Bailable	Non-Cognizable	Any Magistrate	§ 314	View
405	Criminal Breach of Trust (Definition) See Section 406	Non-Bailable	Cognizable	Any Magistrate	§ 316	View
406	CBT (Punishment) 3 years or Fine or both	Non-Bailable	Cognizable	Magistrate First Class	§ 316	View
420	Property Fraud 7 years + Fine	Bailable	Cognizable	Magistrate First Class	§ 318	View
425	Mischief (Definition) Varies — see Section 426 onwards	Bailable	Non-Cognizable	Any Magistrate	§ 324	View
426	Mischief (Punishment) 3 months or Fine or both	Bailable	Non-Cognizable	Any Magistrate	§ 324	View
441	Criminal Trespass (Definition) See Section 447	Bailable	Cognizable	Any Magistrate	§ 329	View
447	Criminal Trespass (Punishment) 1 month or ₹500 Fine or both	Bailable	Cognizable	Any Magistrate	§ 329	View
448	House-Trespass 1 year or ₹1,000 Fine or both	Bailable	Varies	Any Magistrate	§ 331	View
452	House-Trespass with Violent Preparation 7 years + Fine	Non-Bailable	Varies	Any Magistrate	§ 333	View
493	Deceitful Marriage Cohabitation Up to 10 years + Fine	Non-Bailable	Non-Cognizable	Magistrate First Class	§ 81	View
494	Bigamy 7 years + Fine	Bailable	Non-Cognizable	Magistrate First Class	§ 82	View
495	Bigamy with Concealment Up to 10 years + Fine	Bailable	Non-Cognizable	Magistrate First Class	§ 82	View
496	Fraudulent Marriage Ceremony Up to 7 years + Fine	Bailable	Non-Cognizable	Magistrate First Class	§ 83	View
498	Enticing a Married Woman 2 years or Fine or Both	Bailable	Non-Cognizable	Any Magistrate	§ 84	View
498A	Matrimonial Cruelty / Dowry Harassment Up to 3 years + Fine	Non-Bailable	Cognizable	Magistrate First Class	§ 85	View
499	Defamation (Definition) See Section 500	Bailable	Non-Cognizable	Magistrate First Class	§ 356	View
500	Defamation (Punishment) 2 years or Fine or both	Bailable	Non-Cognizable	Magistrate First Class	§ 356	View
503	Criminal Intimidation (Definition) See Section 506	Bailable	Non-Cognizable	Any Magistrate	§ 351	View
504	Insult to Provoke Peace Breach 2 years or Fine or both	Bailable	Non-Cognizable	Any Magistrate	§ 352	View
505	Public Mischief / Fake News 3 to 5 years or Fine or both	Non-Bailable	Cognizable	Magistrate First Class	§ 353	View
506	Criminal Intimidation (Punishment) 2 years (basic); 7 years (death/grievous hurt/arson/chastity threats)	Varies	Non-Cognizable	Any Magistrate	§ 351	View
509	Insulting Modesty of a Woman (verbal/gestural) 3 years or Fine or both	Bailable	Non-Cognizable	Any Magistrate	§ 79	View
511	Attempt to Commit Offence (General) Up to 1/2 the maximum imprisonment for the offence	Varies	Varies	Varies	§ 62	View
35-39	N/A (Joint Liability Rules) Same as principal	Varies	Varies	Varies	§ 3	View
110-119	Abetment (Extended Provisions) Varies — scales with abetted offence	Varies	Varies	Varies	§ 49-60	View
126	Depredations on Friendly Territory 7 years + Fine + Forfeiture	Non-Bailable	Varies	Court of Session	§ 152	View
131-140	Armed Forces Discipline Offences Life imprisonment to 2 years (varies by offence)	Non-Bailable	Varies	Court of Session	§ 153-160	View
142	Membership of Unlawful Assembly (Continued/Joined) See Section 143	Bailable	Varies	Any Magistrate	§ 189	View
145	Joining/Continuing Assembly After Dispersal Order 2 years or Fine or both	Bailable	Varies	Any Magistrate	§ 192	View
152-158	Public Tranquillity — Extended Provisions 3 months to 3 years (varies)	Bailable	Varies	Any Magistrate	§ 193-200	View
161-170	Bribery and Misconduct of Public Servants 3 to 14 years (varies by offence)	Non-Bailable	Varies	Special Court / Court of Session	§ see Prevention of Corruption Act	View
171-190	Election Offences & Obstruction of Public Servants 1 month to 2 years (varies)	Bailable	Varies	Any Magistrate	§ see BNS 171-213	View
194-210	False Evidence — Aggravated Forms 7 years to Life (varies by offence)	Varies	Varies	Magistrate / Court of Session	§ 229-247	View
213-223	Offences Against Public Justice — Diverse 3 months to 7 years (varies)	Varies	Varies	Magistrate / Court of Session	§ 250-265	View
226-267	Contempt and Obstruction of Public Authority 1 month to 7 years (varies)	Bailable	Varies	Any Magistrate	§ 266-290	View
271-293	Public Health, Safety and Nuisance 6 months to 3 years (varies)	Bailable	Varies	Any Magistrate	§ BNS 273-296	View
301-316	Homicide Extended Provisions 1 year to Life (varies)	Non-Bailable	Varies	Court of Session (most)	§ BNS 102-122	View
321-336	Hurt — Complete Provisions 1 year to 7 years (varies)	Bailable	Varies	Any Magistrate	§ BNS 115-130	View
337-358	Hurt by Negligence, Restraint, Force, Assault 6 months to 7 years (varies)	Varies	Varies	Any Magistrate	§ BNS 126-166	View
360-374	Kidnapping, Trafficking & Forced Labour 7 years to Death (varies)	Non-Bailable	Varies	Court of Session	§ BNS 137-146	View
380-402	Property Offences — Aggravated Forms 7 years to Death (varies)	Non-Bailable	Varies	Court of Session	§ BNS 186-215	View
404-424	Misappropriation, CBT, Receiving Stolen Property, Cheating 1 year to Life (varies)	Non-Bailable	Varies	Varies	§ BNS 314-333	View
427-440	Mischief — Aggravated Forms 2 years to Life (varies)	Varies	Varies	Any Magistrate / Court of Session	§ BNS 324-328	View
442-460	Trespass and Housebreaking 1 month to Life (varies)	Non-Bailable	Varies	Any Magistrate / Court of Session	§ BNS 329-343	View
461-492	Forgery, Documents, Currency Notes 2 years to Life (varies)	Varies	Varies	Magistrate / Court of Session	§ BNS 178-211	View
501-510	Defamation, Intimidation, Modesty — Extended 1 to 2 years (varies)	Bailable	Non-Cognizable	Any Magistrate	§ BNS 354-362	View
150	Hiring for Unlawful Assembly 6 months or Fine or both	Bailable	Cognizable	Any Magistrate	§ 193	View
377	Unnatural Offences (Partially Decriminalised) Up to Life Imprisonment (non-consensual acts/bestiality only)	Non-Bailable	Cognizable	Court of Session	—	View
120	Concealing Design to Commit Imprisonable Offence Up to 1/4 of maximum for the underlying offence, or fine, or both	Bailable	Non-Cognizable	Any Magistrate	§ 61	View
124	Assaulting President/Governor to Compel or Restrain Exercise of Lawful Power Life Imprisonment or up to 7 years + Fine	Non-Bailable	Cognizable	Court of Session	§ 148	View
127	Receiving Property Taken by War or Depredation Against Allied Nations Up to 7 years + Fine + Forfeiture of property received	Non-Bailable	Cognizable	Court of Session	§ 151	View
128	Public Servant Voluntarily Allowing Prisoner of State or War to Escape Life Imprisonment or up to 10 years + Fine	Non-Bailable	Cognizable	Court of Session	§ 261	View
129	Public Servant Negligently Allowing Prisoner of State or War to Escape Up to 3 years or Fine or both	Bailable	Non-Cognizable	Magistrate First Class	§ 262	View
130	Aiding Escape, Rescuing or Harbouring Prisoner of State or War Life Imprisonment or up to 10 years + Fine	Non-Bailable	Cognizable	Court of Session	§ 263	View

Compare IPC ↔ BNS Side by Side

Every section above maps to a BNS equivalent. Use the comparison tool to see how punishment and classification changed between IPC and BNS 2024.

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Bailable & Non-Bailable
Offences — IPC / BNS