Recently, the spotlight has been placed on the National Investigation Agency (NIA) due to its appeal against a Bombay High Court order. This order granted statutory bail to Sudha Bharadwaj, an attorney and activist. Bail in this context refers to the conditional or provisional release of an individual held under legal custody, with an obligation to appear in court when required.
Understanding Default Bail
Default bail, legally enshrined in Section 167(2) of the Code of Criminal Procedure, is a right that accrues if the police do not complete an investigation of a person in judicial custody within a specified timeframe. Other names for this include ‘statutory bail.’
Perspective From Supreme Court Judgment
In the Bikramjit Singh case of 2020, the Supreme Court observed that an accused becomes entitled to ‘default bail’ if an application is made after the maximum period for investigation has elapsed, and no charge sheet has been filed yet. According to the court, this right is not merely statutory; it forms part of the procedure established by law under Article 21.
Founding Principle of Default Bail
Usually, the right to default bail is considered an ‘indefeasible right’, but this should be invoked at the appropriate time. It applies regardless of the nature of the crime and begins from the date the accused is first remanded. As per Section 173 of CrPC, a police officer must file a report upon completing the necessary investigation of an offence. This report is commonly known as the Charge Sheet.
Time Frame For Default Bail
If the police cannot complete an investigation within 24 hours, they must produce the suspect in court and apply for police or judicial custody. The police have either 60 days or 90 days to complete the investigation and file a final report, depending on the severity of the offence. If the investigation remains incomplete at the end of this period, the court will release the person if they are prepared to and do provide bail.
Specific Cases Of Default Bail
The 60- or 90-day limit does not apply to all cases. Some special enactments allow the police more time for the probe. For instance, under the Narcotic Drugs and Psychotropic Substances Act 1985, the period is 180 days, extendable up to a year. The Unlawful Activities (Prevention Act) 1967 sets a 90-day default limit that may be extended to another 90 days. However, these extensions require a judicial order and are not automatically granted.
Reviewing Other Types Of Bail In India
There are various types of bail in India, including Regular Bail, Interim Bail and Anticipatory Bail. Regular Bail is an instruction by the court to release a person who is under arrest and held in police custody. Interim Bail provides a temporary release while a bail application is pending before a court. Anticipatory Bail offers a release on bail even before an arrest occurs when there is anticipation of arrest.
Constitutional Provisions Regarding Arrest
Article 22 of the Constitution safeguards persons who are arrested or detained. There are two types of detention: punitive and preventive. Punitive detention occurs after trial and conviction in a court for an offence committed. Preventive detention, conversely, involves holding a person without trial and conviction. Both punitive and preventive detentions provide certain rights to detainees.