The difference between bailable and non-bailable offences, pre-arrest and post-arrest bail, and what to do if an FIR is registered against you.
Bailable and non-bailable offences
Under the Code of Criminal Procedure, 1898, offences are classified as bailable or non-bailable. In bailable offences, an accused person is entitled to bail as of right. In non-bailable offences, bail is granted at the discretion of the court.
Pre-arrest bail
Where a person reasonably fears arrest, the law allows them to apply for pre-arrest bail. Courts grant it in appropriate cases, for example where the arrest appears to be motivated by malice. The applicant must usually appear in person.
Post-arrest bail
After arrest, an application for bail can be made to the trial court and, if refused, to higher courts. The court considers factors such as the nature of the offence and the evidence available.
What to do now
If an FIR is registered against you, get legal advice immediately. Early action keeps the most options open.
Disclaimer: This article is general information about Pakistani law and is not legal advice. Laws change and every case is different — please speak to a qualified lawyer about your situation.
Written by
Munawar Hussain Bhutta
Founder & Advocate High Court
