What is Default Bail in India?
What is Default Bail in India? – Legal Meaning, Rights, and BNSS Provisions In the Indian criminal justice system, bail is a fundamental right connected to the liberty of an individual. Among different types of bail, Default Bail holds special importance because it is not based on the merits of the case but on the failure of the investigating agency to complete the investigation within the prescribed time limit. Meaning of Default Bail Default Bail (also called Statutory Bail) is the bail that an accused becomes entitled to when the investigating agency does not complete the investigation and fails to file the charge sheet within the time prescribed under law. It is a legal right of the accused under Section 167(2) of the CrPC, 1973, which is now replaced by the corresponding provision in the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. Legal Basis of Default Bail Under CrPC (Old Law): Section 167(2) Under BNSS (New Law): Section 187(2) Both provisions state that the accused cannot be kept in custody indefinitely without filing a charge sheet. Time Limit for Investigation As per BNSS (similar to CrPC earlier): 60 Days – If the offence is punishable with imprisonment less than 10 years. 90 Days – If the offence is punishable with imprisonment of 10 years or more, life imprisonment, or death penalty. If the charge sheet is not filed within these limits, the accused gets the right to default bail. Conditions to Avail Default Bail The statutory period of 60/90 days must have expired. The investigating agency must have failed to file the charge sheet. The accused must apply for default bail before the court. The accused must furnish bail bonds as directed by the court. Important Supreme Court Judgments on Default Bail Uday Mohanlal Acharya v. State of Maharashtra (2001): Default bail is an indefeasible right of the accused. Rakesh Kumar Paul v. State of Assam (2017): Clarified interpretation of statutory period for default bail. Fakhrey Alam v. State of Uttar Pradesh (2021): Once the right to default bail accrues, it cannot be defeated by later filing of the charge sheet. Why Default Bail is Important? Protects fundamental right to liberty (Article 21 of the Constitution). Prevents misuse of power by police through prolonged custody. Ensures time-bound investigation. Strengthens the principle of fair trial. Example of Default Bail Suppose a person is arrested for an offence punishable with life imprisonment. The police must complete the investigation and file a charge sheet within 90 days. If they fail, the accused has the right to be released on default bail upon filing an application and furnishing surety. Default Bail is not a discretionary relief but a statutory right given to an accused when the prosecution fails to act within the legally prescribed time. Under BNSS Section 187(2), it continues to safeguard the liberty of individuals by preventing indefinite detention without trial. For anyone accused of a crime, knowing about default bail is crucial, as it may secure release even before the merits of the case are examined. Disclaimer This blog is for educational purposes only and does not constitute legal advice. For case-specific assistance regarding default bail under BNSS or CrPC, consult a qualified criminal lawyer.