Open Access Research Article
DEFAULT BAIL AND THE STATUTORY TIME LIMIT FOR INVESTIGATION IN INDIA
Abstract
Default bail, also called statutory bail, protects a person in
custody from being held without trial merely because the police have not
finished their inquiry. The rule now sits in Section 187 of the Bharatiya
Nagarik Suraksha Sanhita, 2023 (BNSS), which replaced Section 167(2) of the
Code of Criminal Procedure, 1973 (CrPC). Broadly, the police must complete the investigation and file a final
report within 60 or 90
days, depending on how serious
the offence is. If they do not, the accused acquires a right to be released on bail, subject to the
conditions the law lays down. This paper studies the statutory text, the
consequences of investigative delay and the part played by the courts in
safeguarding the liberty of the accused. It also examines how the provision
connects with Article 21 of the Constitution. Using a doctrinal method, the
paper draws on statutes, reported judgments and secondary writing to identify
the difficulties in enforcing these deadlines and to ask whether the present
law fairly balances effective investigation against individual freedom. It
concludes that default bail makes investigating agencies answerable for delay,
limits prolonged pre-trial detention and advances fairness in the criminal
process.
Published Paper
Author Details
Authors: K. PAVITHRARegistration ID: 1013472 | Published Paper ID: IJLRA13472Approved ISSN: 2582-6433 | Country: Delhi, IndiaPage No.: 2541-2548
Article Information
DEFAULT BAIL AND THE STATUTORY TIME LIMIT FOR INVESTIGATION IN INDIA
Authors: K. PAVITHRA
- Journal IJLRA
- ISSN 2582-6433
- Volume 3
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- AbbreviationIJLRA
- ISSN2582-6433
- AccessOpen Access
- LicenseCC 4.0
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