AI Overview...
Bailable vs. Non-Bailable Offenses under Section 118(1) of BNS
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Section 118(1) of Bharatiya Nyaya Sanhita (BNS) is identified as the only non-bailable offense among the charges discussed, with a maximum punishment of up to three years imprisonment SUREESH vs STATE OF KERALA - Kerala, Shine Joboy S/o. Joboy Vs State Of Kerala - Kerala, SHINE JOBOY vs STATE OF KERALA - Kerala.
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Main Points:
- Offenses under Section 118(1) are categorized as non-bailable, implying that arrest and detention require special circumstances and judicial approval SUREESH vs STATE OF KERALA - Kerala, ABHIJITH vs STATE OF KERALA - Kerala, SHINE JOBOY vs STATE OF KERALA - Kerala.
- Other charges, such as sections related to house trespass, mischief, and assault (e.g., Sections 324, 296(b), 115(2)), are typically bailable, allowing accused persons to seek bail without stringent conditions Davis P. R. VS State of Kerala Represented By Public Prosecutor - Crimes, JITHEESH C vs STATE OF KERALA - Kerala, MUHAMMED IRFAN P S vs STATE OF KERALA - Kerala, NIKESH B S vs STATE OF KERALA - Kerala.
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Courts emphasize that bail is the rule and jail is the exception, and the bailability of offenses influences arrest and detention procedures JITHEESH C vs STATE OF KERALA - Kerala, MUHAMMED IRFAN P S vs STATE OF KERALA - Kerala.
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Insights:
- The non-bailability of Section 118(1) indicates its serious nature, yet the maximum punishment (3 years) is relatively moderate compared to other non-bailable offenses.
- The courts often evaluate the nature of the offense, evidence, and circumstances before arresting individuals under non-bailable sections.
- In cases where only Section 118(1) is non-bailable, other charges tend to be bailable, affecting the overall bail considerations PRAFFIN LOPEZ vs STATION HOUSE OFFICER - Kerala, MUHAMMED ASLAM vs STATE OF KERALA - Kerala.
Analysis and Conclusion
Section 118(1) of the Bharatiya Nyaya Sanhita (BNS) stands out as the only non-bailable offense among the charges discussed, primarily due to its classification under the law and the severity attributed to it. Despite its non-bailable status, the maximum punishment is limited to three years, which influences judicial discretion in granting bail. Other charges related to assault, trespass, and mischief are generally bailable, allowing accused persons to secure bail more readily. Courts uphold the principle that bail is the norm, and non-bailability signifies a need for cautious judicial scrutiny before arrest SUREESH vs STATE OF KERALA - Kerala, Shine Joboy S/o. Joboy Vs State Of Kerala - Kerala, SHINE JOBOY vs STATE OF KERALA - Kerala.
References: - SUREESH vs STATE OF KERALA - Kerala - Davis P. R. VS State of Kerala Represented By Public Prosecutor - Crimes - ABHIJITH vs STATE OF KERALA - Kerala - JITHEESH C vs STATE OF KERALA - Kerala - Shine Joboy S/o. Joboy Vs State Of Kerala - Kerala - PRAFFIN LOPEZ vs STATION HOUSE OFFICER - Kerala - MUHAMMED IRFAN P S vs STATE OF KERALA - Kerala - NIKESH B S vs STATE OF KERALA - Kerala - SHINE JOBOY vs STATE OF KERALA - Kerala - MUHAMMED ASLAM vs STATE OF KERALA - Kerala
Search Results for "118 1 Bns Bailable or Non Bailable"
2025 Supreme(Online)(KER) 10999 • India - High Court of Kerala
P. G. Ajithkumar, J
The only non-bailable charge is under Section 118(1) of the BNS, with a maximum punishment of three years. ... alleged to have wrongfully restrained and attacked the complainant, causing injury - Non-bailable offence under Section 118(1) carries ... ... ... Issues: The necessity of arrest for non-bailable....
• India - Crimes
P. V. KUNHIKRISHNAN
333 of BNS is a non-bailable offence – If an offence of house trespass which is a non-bailable offence coupled with mischief is ... (1), 110, 333, 324(5) and 3(5) of Bharatiya Nyaya Sanhita, 2023 – Section 324 of BNS is a bailable offence – But, in crimes registered ... Section 483 – Bail applications – Case registered against petitio....
2025 Supreme(Online)(Ker) 43361 • India - IN THE HIGH COURT OF KERALA AT ERNAKULAM
Kauser Edappagath, J
(A) Bharatiya Nagarik Suraksha Sanhita, 2023 - Sections 126(2), 296(b), 115(2), 118(1), 333, 351(2), 324(2), r/w 3(5) - Pre-arrest ... (Paras 1, 3, 6, 7) ... ... (B) Bail - Considerations for granting ... The remaining non- bailable offence alleged is under Section 118 (1) of BNS. ... The non-bailable offences alle....
2025 Supreme(Online)(Ker) 37485 • India - IN THE HIGH COURT OF KERALA AT ERNAKULAM
BECHU KURIAN THOMAS, J
only bailable offences. ... The court found that the allegations do not warrant further apprehension of arrest given the bailable nature of the offences. ... Initially, serious charges were posed under specific sections of the Bharatiya Nyaya Sanhita, 2023, subsequently modified to include ... Since the offences alleged against the petitioner are bailable offences, the apprehension of arrest for a non #HL....
2025 0 Supreme(Ker) 607 • India - IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.KUNHIKRISHNAN, J
accused of assault, with the only non-bailable offense under Section 118(1) carrying a maximum sentence of 3 years - Court emphasizes ... (A) Bharatiya Nyaya Sanhita, 2023 - Sections 118(1), 296(b), 115(2), 3(5) - Bail Application - Petitioners ... The petitioners, accused in a case of assault, sought bail after being charged under various sections of the BNS#....
2025 Supreme(Online)(KER) 6064 • India - High Court of Kerala
P. G. Ajithkumar, J
(A) Bharatiya Nyaya Sanhita - Sections 296(b), 115(2), 118(1), 74, 324(5), 351, 333 and 3(5) - Bail application filed under Section ... The non-bailable offences alleged against the petitioner are under Sections 118(1) a href="./.. ... But, this Court in BA No.427/2025 observed that if an offence of house trespass which is a non-bailable#HL_E....
2025 Supreme(Online)(Ker) 47526 • India - IN THE HIGH COURT OF KERALA AT ERNAKULAM
BECHU KURIAN THOMAS, J
The offenses alleged against them, including Sections 115(2), 118(1), 296, and 3(5) of the Bharatiya Nyaya Sanhita, 2023, are determined ... by the court to be bailable. ... The prosecutor confirmed that the alleged offenses are indeed bailable, which justified closing the bail application. ... being arrested in a non-bailable offence is misplaced. ... (1#HL_E....
2025 Supreme(Online)(KER) 15762 • India - High Court of Kerala
P. G. Ajithkumar, J
(A) Bharatiya Nagarik Suraksha Sanhita, 2023 - Sections 126(2), 351(2), 115(2), 118(1), 296(b) r/w 3(5) - Bail application filed ... The only non- bailable offence alleged against the petitioners is Sec. 118(1) BNS. ... The counsel for the petitioners submitted that the only non-bailable offence alleged is under Sec.118#HL_E....
2025 Supreme(Online)(KER) 9605 • India - High Court of Kerala
P. G. Ajithkumar, J
with the only non-bailable offense under Section 118(1) carrying a maximum sentence of 3 years - Court emphasizes the principle ... (A) Bharatiya Nyaya Sanhita, 2023 - Sections 118(1), 296(b), 115(2), 3(5) - Bail Application - Petitioners accused of assault, ... Facts of the case: ... The petitioners, accused in a case of assault, sought bail after being charged under v....
2025 Supreme(Online)(KER) 8803 • India - High Court of Kerala
P. G. Ajithkumar, J
to have committed offences against the complainant while travelling - Non-bailable offences with maximum punishment below seven ... (A) Bharatiya Nagarik Suraksha Sanhita (BNSS) - Sections 74 and 118(1) - Bail application filed under Section 482 - Accused alleged ... (Paras 1-11) ... ... (B) Bail Principles - Bail is the rule and jail is the exception - Conditions ... The only non-#HL_....
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