Report No. 268

Chapter - V

Bailable and Non-Bailable Offences

5.1 The Law Commission of India, in its 78th Report100, in bailable has stated that the law on bail is broadly established on the following norms

(i) in bailable offences, bail is a matter of right;

(ii) bail is discretionary if the offence is non-bailable;

(iii) bail shall not be granted by the Magistrate if the alleged offence punishable by death or imprisonment for life and

(iv) Court of Sessions and High Courts have wider discretion in granting bail even when the alleged offence is one that is punishable by death or imprisonment for life.