Question

Under Section 167 of the Code of Criminal Procedure (CrPC), 1973, ‘Default Bail’ or statutory bail is a right of the accused if the investigation is not completed:

• A. Immediately following the completion of the initial 15-day police custody.
• B. Upon the expiry of 120 days specifically for offences against the State.
• C. After a fixed period of 30 days for all types of offences.
• D. After 60 days or 90 days, contingent upon the maximum punishment prescribed for the offence.

Hint:

Default bail (Section 167 CrPC) is an "indefeasible right." Just memorize the rule: 90 days for serious crimes (10+ years/life/death), 60 days for everything else!

Answer 1

The Correct Option is D

Step 1: Understanding the Concept:
Section 167(2) of the CrPC, often called the "Default Bail" provision, is a statutory guarantee that an accused will not be held indefinitely in custody without a charge sheet being filed.

Step 2: Detailed Explanation:
- The Magistrate may authorize detention for a total of 90 days if the offense is punishable with death, imprisonment for life, or imprisonment for a term of not less than 10 years.
- For any other offense, the period is 60 days.
- If the investigation agency fails to file a charge sheet within these respective periods, the accused becomes entitled to be released on bail, provided they are prepared to and do furnish bail.

Step 3: Final Answer:
Default bail is contingent upon the 60-day or 90-day threshold, making (D) the correct answer.

Answer 2

Section 167(2) of the CrPC creates default bail once investigation runs past a fixed period without a charge sheet being filed. The question asks what that period is, and each option needs to be measured against the actual statutory scheme.

1. Immediately following the completion of the initial 15-day police custody: The 15-day period under Section 167 concerns police custody, not the total time within which investigation must be completed before default bail arises. Default bail is tied to the much longer 60 or 90 day period.
2. Upon the expiry of 120 days specifically for offences against the State: There is no 120-day category carved out under Section 167(2) for offences against the State. The section's categories are based on the severity of punishment prescribed for the offence generally.
3. After a fixed period of 30 days for all types of offences: Section 167(2) does not use a flat 30-day rule for every offence. The period actually varies depending on the maximum punishment the offence carries.
4. After 60 days or 90 days, contingent upon the maximum punishment prescribed for the offence: This matches the statute. Ninety days applies where the offence is punishable with death, life imprisonment, or imprisonment of not less than ten years, and sixty days applies to all other offences.

Only the sixty or ninety day scheme, keyed to the severity of the offence, reflects how Section 167(2) actually operates.

Therefore, the correct answer is After 60 days or 90 days, contingent upon the maximum punishment prescribed for the offence.