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Default bail is an important concept in the Indian criminal law, it is a concept which is very crucial for ensuring the liberty of a person. This concept allows the accused person to be released on bail if the investigation is not complete within the due time. The concept of default bail under Criminal Procedure Code (CrPC) is inspired from the core principle of Indian law of "Innocent until proven guilty" and right to speedy trial. This concept works as a safeguard against any unjustified detention granting them the right to be released on bail to the accused if the investigation isn't completed within a specific timeframe. In this article we will explore the key details, implication and key provision under CrPC.
Default is a provision under the CrPC to safeguard the liberty rights of the accused in the event where the investigating agency failed to complete the investigation within the stipulated time frame. This provision not only safeguard the rights of persons against undue detention but also put emphasis on the right to speedy trial. The provision of default bail ensures that the rights of the accused are protected, fostering an environment of fairness and equity in legal proceedings.
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The Criminal Procedure Code in the Indian legislative framework has the provision of default bail under sections 167(2) and Section 436A. Under section 167 (2) of CrPC it is outlined that if the investigating agency fails to complete the investigation against the accused person within the period of 60 or 90 days, depending on the offense, the accused shall be entitled for a default or statutory bail. It is a legal mechanism that upholds the right to a speedy trial as guaranteed by Article 21 of the Indian Constitution.
Article 21 of the Indian Constitution provides every Indian citizen with the right of speedy trial. This fundamental right safeguards the patient from undue detention in case of delay in investigation. The right to speedy trial underscores the legal maxim that justice delayed is justice denied and puts emphasis on timely resolution of legal proceedings. The Supreme Court of India has consistently interpreted Article 21 to encompass the right to speedy trial as an integral component of the right to life and personal liberty.
The CrPC under section 167 sets accountability and has prescribed specific time limits for investigating agencies to complete investigations. These limits vary depending on the severity of the offense. It is counted from the days of arrest
60 Days: For offenses punishable with Imprisonment for less than ten years
90 Days: For offenses punishable with Imprisonment for more than ten years
The honorable court can allow extension if satisfactory grounds for further detention is found especially in offenses which are punishable with Imprisonment for more than ten years.
The investigation time limit will be subject to the provision of the law in case the offense falls under special laws such as Prevention of Corruption Act or the Narcotic Drugs and Psychotropic Substances Act.
There are situations which make an accused eligible for default bail option. Some of those situations are listed below
While In Custody: In situations where the accused must have been in pretrial custody throughout the investigation period.
No Charges Filed: The situation where the police are yet to file charges and the stipulated time frame has already been passed.
Application Required: Although default bail creates an opportunity for release, it requires a formal request through the court system by the accused or their lawyer.
While the default bail option is inspired from the Article 21 of the Indian Constitution which provides right to speedy trial, however, it is not something which will be utilized by default. You would need the services of an adept lawyer who can file an application on your behalf requesting default bail. Here are some of the important things that you need to keep in mind
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Insaaf99 the online legal consultation platform can help find the best criminal lawyer for your default bail options. We offer legal consultation online with our experienced criminal lawyer which can guide on the default bail option. Our lawyer can help you prepare and review the necessary documentation required for filing a bail application. And assist you in during bail hearings, presenting legal arguments, addressing any objections raised by the prosecution, and advocating for the grant of bail.
Conclusion: Default bail is a very important aspect in the Indian legislative framework. It safeguard the rights of an accused against any unlawful detention and abuse of power by investigating authority. By prescribing the timelines for investigation it ensures speedy trial and restores the faith of people in judicial systems. Taking the help of an experienced lawyer helps in navigating the complexities. Understanding this concept of default bail can empower individuals facing criminal charges and ensure their rights are protected during the investigation process.