The Concept Of Non-Bailable Offences: A Legal Analysis Of The Criminal Procedure Code Amendment Act No. 4 Of 2026

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Counsel Collins Nkumbwa, Esq., CIP (NIPA), LLB (UNZA), LLM (UNZA), AHCZ, ASCZ, PhD Cand. Advocate, Lecturer of Law and Commissioner of Oaths

ABSTRACT

This paper discusses the concept of non-bailable offences with special focus on sexual offences in Zambia. The sexual offences in Zambia include rape, attempted rape, indecent assaults on females, indecently insulting females, defilement of girls under sixteen, defilement of idiots or imbeciles, procuring defilement of women by threats or fraud or administering drugs, unnatural offences, attempt to commit unnatural offences, indecent assault of boys under fourteen, indecent practices between males, incest by males, incest by females, among others. It has discussed the concept of non-bailable offences and the implication of non-bailable offences on the rights of accused person(s). It has also reviewed the literature review through the legal doctrinal methodological approach from the international, regional and national perspectives. The findings of the research have been provided followed by a discussion of the findings. Lastly, the conclusion and recommendations are adduced and references are provided for further reading and research.

Keywords: Sexual Offences, Rape, Defilement, Indecent Assault, Bail, Human Rights

841. THE CONCEPT OF NON-BAILABLE OFFENCES- A LEGAL ANALYSIS OF THE CRIMINAL PROCEDURE CODE

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