Bailable and Non-bailable Sections in Bangladesh: A Practical Table

In this guide: Common sections at a glance · What "bailable" means in practice · Getting bail in a non-bailable case · Mixed sections: how a case is treated

The short answer

Under the Code of Criminal Procedure, every offence is marked bailable or non-bailable in the Second Schedule. If the offence is bailable, section 496 gives you a right to bail: the officer or court must release you on a bond, with or without sureties. If it is non-bailable, section 497 lets the court grant bail, but it weighs the seriousness of the charge, the evidence and the risk of absconding.

The table below covers the sections people search for most. Check the FIR or charge sheet for the exact sections, because one serious section in the list makes the whole case non-bailable in practice.

Common sections at a glance

Source: the Second Schedule to the Code of Criminal Procedure 1898, as summarised in the judiciary’s list of bailable offences. Note on 506: the list shows criminal intimidation as bailable; courts treat a threat to kill far more strictly, so expect a contested hearing.

What "bailable" means in practice

In a bailable case you can be released at the police station on a bond, or by the Magistrate on your first appearance. The court sets the bond amount and the number of sureties; it cannot refuse bail outright. A summons case under a bailable section often starts with a summons, not an arrest.

Bail does not end the case. You must attend every date, or have your lawyer apply for exemption, or the bail can be cancelled and a warrant issued.

Getting bail in a non-bailable case

• First court: apply to the Magistrate on production or surrender.
• If refused: apply to the Sessions Judge, then the High Court Division.
• What courts weigh: the role alleged, the evidence on record, time already spent in custody, health, age and the risk of tampering with witnesses.
• Special cases: under section 497 the court may release a woman, a child under 16, or a sick or infirm person even in a serious case.

Before an arrest, the High Court Division can grant anticipatory bail in a fit case. See our guide on anticipatory bail.

Mixed sections: how a case is treated

Most FIRs list several sections, for example 323/324/506 or 406/420. Bail is decided on the most serious section the court accepts at that stage. If the police later drop a section in the charge sheet, apply again: the position can change in your favour.