# Bailable or not? The sentence is not the test. > Theft (3 years) is not bailable. A threat to kill (7 years) is. Schedule II decides. - Topic: Criminal law - For: Law students - A 10-slide carousel: https://failegal.site/media/bailable-or-not-the-sentence-is-not-the-test - Published by FAI Legal on 2026-10-10 ## Quick quiz. Trust your gut? Guess first, then swipe for the answer. - **A. Bailable** - **B. Not bailable** - **C. Up to the police** ## Answer: B. Not bailable. Schedule II decides, not the length of the sentence (s.4(1)(b)). - **s.379 PPC, theft** Up to 3 years. Not bailable. - **s.420 PPC, cheating** Up to 7 years and fine. Not bailable. - **s.506 PPC, threat to kill** Up to 7 years. Bailable. ## Shall or may. One word separates right from discretion. - **Bailable** "Such person shall be released on bail." Bail is a right. (s.496 CrPC) - **Non-bailable** "He may be released on bail." Bail is the court's discretion. (s.497(1) CrPC) ## The prohibition. When bail is barred under s.497(1). > "but he shall not be so released if there appear reasonable grounds for believing that he has been guilty of an offence punishable with death or imprisonment for life or imprisonment for ten years:" (Code of Criminal Procedure, 1898 · Section 497(1)) ## Even then, three exceptions. The court may still grant bail (first proviso). - **Under 16** A person under the age of sixteen years. (s.497(1)) - **Woman** Any woman accused of such an offence. (s.497(1)) - **Sick or infirm** Any sick or infirm person. (s.497(1)) ## Delay earns bail. Second proviso: the court shall release, unless the accused caused the delay. - **Offence not punishable with death** Detained over 1 year. Woman: over 6 months. - **Offence punishable with death** Detained over 2 years. Woman: over 1 year. - **Not for** Previous convicts for death or life offences, hardened or dangerous criminals, terrorism accused. ## Three more to remember. Short, and asked every year. - **Further inquiry, s.497(2)** No reasonable grounds, but further inquiry needed: shall be released. - **Reasons, s.497(3)** Bail under (1) or (2) needs reasons in writing. - **Higher courts, s.498** High Court or Court of Session may direct bail in any case. ## Stuck on bail? Ask FAI. It answers with the exact clause and the judgments that explain it. - **Is the offence under section 489-F PPC bailable?** - **What is "further inquiry" under section 497(2) CrPC, with case law?** ## What this does not mean - The length of the sentence does not decide whether an offence is bailable. Schedule II does (s.4(1)(b)). - Non-bailable does not mean no bail. The court has discretion under s.497(1), and may grant bail even in barred cases to a person under sixteen, a woman, or a sick or infirm person. - The delay rule in the second proviso does not help if the accused caused the delay, and does not cover previous convicts for death or life offences, hardened or dangerous criminals, or terrorism accused. ## Questions people ask ### Is 379 PPC bailable or not? Theft under s.379 PPC carries up to 3 years but is not bailable, because Schedule II says so. ### Is 420 PPC bailable or not? Cheating under s.420 PPC carries up to 7 years and fine and is not bailable. ### Is 506 PPC bailable? A threat to kill under s.506 PPC carries up to 7 years and is bailable. ### What is the difference between bailable and non-bailable offences in Pakistan? For a bailable offence, the person shall be released on bail, so bail is a right (s.496 CrPC). For a non-bailable offence, he may be released, so bail is at the discretion of the court (s.497(1) CrPC). ### Can an accused get bail because of delay in trial? Yes, unless the accused caused the delay. For an offence not punishable with death, after over 1 year in detention (woman: over 6 months). For an offence punishable with death, over 2 years (woman: over 1 year). ## Sources - Code of Criminal Procedure, 1898 · Section 497(1): When bail may be taken in case of non-bailable offence --- Educational legal information, not legal advice. Every case turns on its own facts. Speak to a qualified lawyer about your situation. Review status: Pending advocate review. FAI Media is part of FAI Legal (https://failegal.site), research on Pakistani statutes and judgments. Free to watch and read.