Default Bail is a Fundamental Right

Why in the News?

Default bail under Section 167 is a procedure established by law under Article 21 of the Constitution. Thus, an accused person is released on bail on completion of the conditions of the first provisional conditions of Section 167 (2) of the CrPC, the Supreme Court asserted.


What is Default Bail?

Section 167 (2) of the Criminal Procedure Code, 1973 empowers the judicial magistrate to authorize the detention of an accused person in cases in which investigation cannot be completed within twenty-four hours. It provides for the maximum period of custody that can be authorized. It further contains a mandate that if the investigation is not completed within the stipulated maximum period, the accused is to be released on bail whatever may be the nature of accusation against him.


What is Section 167 of Criminal Procedure Code, 1973?

Section 167 describes the processes when the investigation cannot be completed in twenty-four hours.


What Supreme Court asserted?

Time limit to complete investigation and file charge sheet under section 167 cannot be extended by seeking to file the supplementary charge sheet with respect to offences under the Unlawful Activities Prevention Act.


What is Unlawful Activities Prevention Act?

An Act to provide for the more effective prevention of certain unlawful activities of individuals and associations [, and for dealing with terrorist activities,] and for matters connected therewith.

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