The release of an accused upon the failure of the investigating agency to submit a charging document within the designated timeframe is referred to as “default bail” in India. It is essential to criminal justice because it preserves the legal process’s integrity while safeguarding the accused’s rights.
Section 167(2) of the Criminal Procedure Code (CrPC) discusses default bail. The duration during which the investigation of offences under the Indian Penal Code (IPC) must be concluded, and the charge sheet must be filed is subject to variation based on the severity of the offence. In cases where offences have a maximum jail sentence of 10 years, the inquiry must be concluded within 60 days after the arrest. In cases involving offences with penalties of death, life imprisonment, or imprisonment exceeding 10 years, the inquiry must be concluded within 90 days after the arrest.
In Ravi Prakash Singh @Aravind Singh v. State of Bihar, 2015 (8) SCC 340, the Supreme Court held that the 60-day or 90-day period should be calculated from the date of initial remand following arrest rather than the date of the arrest itself. The charging document and filing date shall also be incorporated into the calculation. The Supreme Court upheld the High Court’s refusal of bail in this case. By safeguarding against the potential abuse of state authority, default bail protects the accused’s fundamental rights, including the right to liberty. This legislation reinforces the presumption of innocence until proven guilty by permitting individuals to obtain their release even without substantial evidence implicating them.
Done By: Anoushka Samyuktha, B.A LL.B (Hons), LLM (Criminal Law), Junior Legal Consultant
For Origin Law Labs
