What is Default bail?
Default bail or Statutory bail is a fundamental right and a part of personal liberty under the constitution of India. If the police failed to investigate or file a charge sheet within a period of 60, 90 or 180 days then the accused can avail a default bail.
If an investigation into an offence is not concluded within 24 hours and the accused is in custody, the concerned police officers must transmit the accused to the nearest Judicial Magistrate, according to Section 167 of the CrPC.
If the accusations are true, the accused may not be freed on bond unless a magistrate authorizes his or her detention on a regular basis. Detention of a woman under the age of 18 must take place in a remand home or a registered social institution.
Exceptions
Except where the magistrate authorizing detention is the Chief Judicial Magistrate, a Judicial Magistrate may authorize the detention of the accused from time to time for a maximum period of 15 days through a reasoned order, and a copy of such an order shall be forwarded to the Chief Judicial Magistrate. If there are adequate reasons, the Judicial Magistrate can extend detention beyond 15 days.
If the Judicial Magistrate does not have jurisdiction to try the case, the case will be forwarded to the jurisdictional Judicial Magistrate concerned.
If the Judicial Magistrate is unavailable, the concerned police officers(not below the rank of sub-inspector) shall forward the accused to the nearest Executive Magistrate with Judicial Magistrate authority, who shall authorize the detention of the accused for a maximum of 7 days through a reasoned order and forward the accused to the nearest Judicial Magistrate.
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Provisions of Default bail
Regardless of the nature of the offence, default bail is a legal right. The charge sheet must be prepared within a certain amount of time after the accused is remanded for the first time. After completing the requisite investigation of an offence, a police officer is required to file a report under Section 173 of the CrPC.
Statutory bail is another name for it. Section 167(2) of the Code of Criminal Procedure makes this clear. In the Bikramjit Singh case 2020, the Supreme Court held that if an accused applies for ‘default bail’ after the maximum period for investigating an offence has expired but before a charge sheet has been submitted, the accused has an inherent right to it.
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The police have 60 days to finish their investigation and file a final report with the court for most offences. The period available is 90 days if the offence carries a death sentence, life imprisonment, or a sentence of at least 10 years in prison. A magistrate, in other words, cannot extend a person’s judicial remand beyond the 60- or 90-day limit. If the investigation is not completed at the end of this time, the court will release the person “if he is willing to and does furnish bail.”
Default Bail on Different Cases
The duration is 180 days under the Narcotic Drugs and Psychotropic Substances Act of 1985, and it can be prolonged up to one year. The default limit under the Unlawful Activities (Prevention) Act 1967 is 90 days, which can be extended for another 90 days.
This extension can only be granted if the Public Prosecutor submits a report detailing the investigation’s progress and justifying the accused’s continuing custody. These rules demonstrate that a time extension is not automatic and requires a court authorization.
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