What is Default Bail, and When Can It Be Granted?
Default bail is a legal right conferred upon an accused when the investigating agency fails to complete the investigation and file a chargesheet or final report within the stipulated time frame prescribed under Section 187(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). This right ensures that an individual is not kept in prolonged custody without sufficient evidence being presented by the investigating authorities.
This concept of default bail stems from the principle of protecting personal liberty and preventing abuse of the criminal justice system through indefinite detention.
Legal Provision for Default Bail
1. Statutory Basis – Section 187(2) of BNSS.
- Section 187(2) of BNSS sets the time limits for filing a chargesheet or final report:
- 90 Days: If the offense is punishable with death, life imprisonment, or imprisonment of not less than 10 years.
- 60 Days: For other offenses where the punishment is less than 10 years of imprisonment.
- If the investigation is not concluded within these periods, the accused becomes entitled to bail, referred to as default bail or statutory bail.
2. Article 21 of the Constitution of India
- The right to default bail is intertwined with the fundamental right to life and personal liberty enshrined in Article 21, which mandates that no person shall be deprived of liberty except according to procedure established by law.
When Can Default Bail Be Granted?
Default bail can be granted if the following conditions are satisfied:
1. Expiry of the Stipulated Time Period
- The investigating agency has not filed the chargesheet or final report within 60 days or 90 days, depending on the seriousness of the offense.
2. Application by the Accused
- The accused must apply for default bail before the chargesheet is filed. The right to default bail lapses if the prosecution manages to file the chargesheet before such an application is made.
3. Submission of Bail Bond
- The accused must furnish a bail bond and comply with any conditions imposed by the court.
4. Cases Involving Additional Custody Requests
- If the investigating officer requires more time for completing the investigation, they must approach the court with valid reasons. However, even if an extension is granted, the accused retains the right to default bail if the stipulated time period has already lapsed when their bail application is filed.
Key Judicial Pronouncements on Default Bail
1. Rakesh Kumar Paul v. State of Assam (2017)
- The Supreme Court held that default bail is a fundamental right if the stipulated investigation period has lapsed, provided the accused applies for bail at the appropriate time.
2. Uday Mohanlal Acharya v. State of Maharashtra (2001)
- The court clarified that the right to default bail arises as soon as the prescribed period ends, and it cannot be defeated by subsequent filing of the chargesheet.
3. Hussainara Khatoon v. State of Bihar (1979)
- Emphasized the need for speedy investigations and trials to ensure that no person is deprived of their liberty due to delays caused by the state.
4. Santhosh v. State of Andhra Pradesh (2020)
- Reaffirmed that the accused has an indefeasible right to default bail if they fulfill the conditions of Section 187(2) of BNSS.
Conditions Imposed Along with Default Bail
Courts often impose specific conditions to regulate the bail granted under Section 187(2). These include:
- Mandatory appearance before the court on specified dates.
- Not interfering with the investigation or influencing witnesses.
- Restrictions on travel outside the jurisdiction.
Instances Where Default Bail May Be Denied
Default bail may be denied in the following situations:
- If the accused fails to apply for default bail before the chargesheet is filed.
- If an extension of the investigation period has been validly granted by the court under special circumstances.
- If the chargesheet has already been filed, making the application for default bail invalid.
Difference Between Default Bail and Regular Bail
| Aspect | Default Bail | Regular Bail |
|---|---|---|
| Basis | Granted under Section 187(2) of Cr.P.C. when investigation is not completed on time. | Granted under general principles of bail based on merits and facts of the case. |
| Timing | Available only if the stipulated time period for filing the chargesheet has expired. | Can be applied for at any stage of the proceedings. |
| Right vs Discretion | Default bail is a statutory right. | Regular bail is at the discretion of the court. |
Importance of Default Bail in Criminal Jurisprudence
Default bail plays a crucial role in maintaining the balance between an individual’s personal liberty and the state’s responsibility to prevent and investigate crime. It prevents:
- Prolonged or arbitrary detention.
- Over-reliance on custodial interrogation.
- Misuse of judicial processes for harassment.
FAQs on Default Bail
Q1. Can default bail be revoked after being granted?
Yes, default bail can be revoked if the accused violates the conditions imposed by the court, such as influencing witnesses or tampering with evidence.
Q2. What happens if the chargesheet is filed after the application for default bail?
Once the right to default bail has been invoked by the accused before the filing of the chargesheet, subsequent filing does not invalidate the application.
Q3. Is default bail applicable in all types of offenses?
Yes, default bail applies to all offenses regardless of their nature, provided the investigation period exceeds the stipulated duration.
Q4. Does default bail mean that the accused is innocent?
No, default bail does not equate to innocence. It is merely a procedural safeguard to prevent prolonged custody without proper legal proceedings.
Conclusion
Default bail serves as a statutory safeguard to prevent the arbitrary and prolonged detention of individuals during the investigative phase of a criminal case. Rooted in the constitutional principles of liberty and justice, it ensures that law enforcement agencies adhere to deadlines, promoting efficiency and accountability in the criminal justice system. While the right to default bail is unconditional upon meeting specific criteria, the courts retain the authority to impose conditions to maintain the balance between individual freedom and societal interests.
Disclaimer: This information is intended for general guidance only and does not constitute legal advice. Please consult with a qualified lawyer for personalized advice specific to your situation.
Advocate J.S. Rohilla (Civil & Criminal Lawyer in Indore)
Contact: 88271 22304