Non-bailable offences are serious offences where bail is a privilege and only the courts can grant it. On being arrested and taken into custody for a serious or non-bailable crime, a person cannot ask to be released on bail as a matter of right.
In the case of a non-bailable offence the police cannot release anyone on bail and so the arrested person has to make an application for bail before a magistrate or court.
After consideration of factors such as the seriousness of the offence, the chances that the accused will interfere with the investigation by tampering with evidence or threatening witnesses or if the accused is likely to go into hiding or leave the country to escape, the court will decide whether he/she can be allowed to be let out on bail or not.
If someone is refused bail, he/she can appeal to a higher court.
Police coming to the private residence of a citizen to ‘bust’ or break up a party that is taking place is a common occurrence. In technical terms, there is no ‘busting’ of a house party. The police can only enter a private residence to search the premises or seiz...
People’s homes and offices are private places and so the law requires any authority who wants to invade that privacy give concrete and legitimate reason to do so. If the police wish to enter and conduct a search of a private residence or office then, they must first...