Bail laws have played a crucial role in the history of criminal jurisprudence, serving as mechanisms to uphold individual rights while adhering to legislative mandates. These mandates stress the need for prompt completion of investigations to prevent delays. The laws underscore the necessity and scope of statutory measures, aligning with the principles of “indefeasible rights” that favor the accused, ensuring that enabling provisions are consistent with the law of the land. The drafters of the Code recognized “default” as a legal parameter to impose checks and balances on state power without compromising the objectives of arrest. Thus, the interests of justice and individual freedom are safeguarded within the “rule of law.” In this context, the concept of default bail, also known as statutory or compulsive bail, was introduced under Section 167 of the Code of Criminal Procedure, 1973 (Cr.P.C). Understanding Section 57 of the Cr.P.C is crucial, as it stipulates that a detainee arrested without a warrant cannot be held in custody for more than 24 hours without a magistrate’s special order, setting a strict timeframe for investigation.
Analysis
Detaining an accused pending trial is deemed necessary when there is reasonable concern that the person might tamper with evidence or flee if released. In the absence of such concerns, releasing the undertrials is considered just to maintain fairness and effectiveness in the justice process.
Section 167(2) of the Cr.P.C specifies the maximum period within which a police report must be filed post-investigation. It classifies offenses by their nature and gravity, dividing the investigation period into 60 and 90 days. For cases under special laws like the Unlawful Activities (Prevention) Act, 1967 (UAPA) and the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS), the investigation period can extend to 180 days. This extended period can act as a barrier to undertrials seeking liberty. The computation of the 60/90/180 days begins from the date of remand, not arrest. If a chargesheet is not filed within these periods, the accused is entitled to default bail, an indefeasible right that is not subject to merit review after the time lapses.
Moreover, there is a distinct approach to bail in special laws compared to general offenses, reflecting its societal impact. This shift changes the approach from bail being the rule to custody being the rule in special statute cases.
Additionally, provisions exist for granting default bail due to non-completion of trial. Section 437(6) of the Cr.P.C allows for bail in non-bailable offenses tried by a magistrate if the trial is not concluded within 60 days from the first date fixed for taking evidence, and the accused remains in custody. The magistrate’s satisfaction is required for such bail to be granted.
Reviewed On: 16-05-2024
Reviewed By: Advocate Megha Malhotra (D-4910/2022)
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