Forum > Criminal Law & Procedure > Bail in Non-Bailable offenses (Section 497 CrPC)

Bail in Non-Bailable offenses (Section 497 CrPC)

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Posted by Legal Seeker 7/17/2026, 7:15:51 PM
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My cousin has been arrested on charges of theft (Section 379 PPC). Theft is non-bailable. Does this mean he will stay in jail until the trial is over, or can we still apply for bail?

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Admin 7/17/2026, 7:15:51 PM

Non-bailable only means that bail is not a matter of right; it is up to the court's discretion. For offenses that do not fall under the prohibitory clause (crimes carrying punishment less than 10 years, like theft), bail is usually granted as a rule unless there are exceptional circumstances. You can file a post-arrest bail application under Section 497(1) CrPC.