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

Hint:

For CrPC exams, immediately associate Section 167(2) with "60 days / 90 days." These are among the most frequently tested procedural timelines.

Answer 1

The Correct Option is B

Concept: Section 167(2) CrPC protects personal liberty by preventing indefinite detention during investigation. If the investigating agency fails to file the charge-sheet within the prescribed period, the accused acquires an indefeasible right to default bail.

Step 1: Understanding statutory timelines.
* Where the offence is punishable with death, life imprisonment, or imprisonment of not less than ten years, the maximum period is 90 days. * For other offences, the maximum permissible period is 60 days.

Step 2: Nature of the right.
* On expiry of the prescribed period, the accused becomes entitled to default bail if he is prepared to furnish bail. * This right is a statutory safeguard against prolonged investigation.

Step 3: Why the other options are incorrect.
* Option (A) is not the general rule under Section 167. * Option (C) is incorrect because expiry of police custody alone does not create the right. * Option (D) is incorrect because there is no universal 30-day period.

Default Bail = 60 Days or 90 Days depending upon the gravity of the offence.

Answer 2

Section 167(2) CrPC fixes the outer time limit within which investigation must be completed before an accused acquires an indefeasible right to default bail, and that limit is tied to the severity of the offence, not to a single fixed number for every case. Checking each option against this design resolves the question.

1. Upon the expiry of 120 days specifically for offences against the State: Section 167(2) recognises only two periods, 60 and 90 days, calibrated to the maximum sentence, and does not carve out a separate 120-day category tied to offences against the State, so this option describes a period the provision does not contain.
2. After 60 days or 90 days, contingent upon the maximum punishment prescribed for the offence: The proviso to Section 167(2) sets 90 days where the offence is punishable with death, life imprisonment, or imprisonment of not less than ten years, and 60 days for every other offence. This is precisely the two-tier, punishment-linked scheme the section creates, matching this option exactly.
3. Immediately following the completion of the initial 15-day police custody: The 15-day period under Section 167 governs police custody specifically and is a distinct, much shorter window; the right to default bail arises only after the much longer 60 or 90-day investigation period lapses, not the moment police custody of 15 days ends.
4. 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; it deliberately differentiates by the gravity of the offence through the 60/90-day scheme, so a single uniform 30-day period across all offences is not what the provision says.

Only the option describing a punishment-linked 60-or-90-day period matches the actual two-tier scheme built into Section 167(2).

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