Non-Bailable Offences

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.

If the police do not complete their investigation within 60 days for a crime that is not punishable with death or life imprisonment, then the accused gets bail. For offences that are punishable with death or life imprisonment, the investigation must be concluded within 90 days, or the accused will have the right to bail.