June 19, 2024
Why in News?The Supreme Court is set to consider an important question of law of whether a revision under Section 397 of the Code of Criminal Procedure, 1973, would be maintainable against an order granting default bail to the accused under Section 167(2) Cr.P.C.
The Vacation Bench, comprising Justices Sanjay Kumar and Augustine George Masih, framed the question as the Supreme Court never dealt with the issue.
The case emanated against the Delhi High Court decision wherein the High Court affirmed the Principal District & Sessions Judge’s order rejecting the Magistrate’s order granting default bail to the accused/petitioner.
The primary contention of the accused was that the revision was not maintainable against the order granting default bail to the accused. According to the accused, the order of grant of default is an interlocutory order against which no revision is maintainable under Section 397 Cr.P.C.
About Section 167(2) Cr.P.C:
Section 167(2) of the Code of Criminal Procedure (Cr.P.C.) deals with the authority of a Magistrate in cases where an investigation cannot be completed within 24 hours.
Magistrate’s Power: When an accused person is forwarded to a Magistrate after an arrest, the Magistrate (regardless of jurisdiction) can authorize their detention for a period not exceeding 15 days in total.
Production Before Magistrate: There are two important conditions:
(a): If the accused is in police custody, the Magistrate cannot authorize detention unless the accused is personally produced before them.
(b): (This applies in specific situations) Even if the accused isn’t in police custody, the Magistrate may still require their presence for authorization.
Jurisdiction and Further Detention:
Extending Detention Beyond 15 Days: There’s an exception for situations where the Magistrate is satisfied there are strong reasons (adequate grounds) to extend detention. However, this extended period cannot exceed a specific limit set by law.
Special Provision for Women: For women under 18 years old, detention should be authorized in a remand home or a recognized social institution, not police custody.
About Section 397 (CrPC):
Section 397 of the Code of Criminal Procedure, 1973 (CrPC) empowers the High Court and Sessions Judges with revisionary powers. Here’s a breakdown of the key points:
Power to Call for Records and Examination:
Purpose of Examination:
To ensure:
Suspension of Sentence or Order and Release on Bail:
While calling for records, the High Court or Sessions Judge can:
What is Default Bail Order?
A Default Bail Order refers to the release of an accused person from custody due to a delay in the investigation process. It’s based on Section 167(2) of the Code of Criminal Procedure (CrPC) in India. Time Limits: After an arrest, the investigation typically shouldn’t exceed a specific timeframe: 60 days: for offences with a maximum punishment of up to 10 years imprisonment. 90 days: for offences with a maximum punishment of more than 10 years imprisonment. Accused’s Right to Release: If the investigation isn’t completed and a charge sheet isn’t filed within these time limits, the accused becomes entitled to be released on bail. This is known as Default Bail. Application Required: It’s important to note that the court won’t automatically grant Default Bail. The accused or their lawyer needs to file an application before the court requesting release on the grounds of delayed investigation. Court’s Discretion: In some cases, the court might reject the application if they have a strong reason to believe a delay is justified (e.g., crucial evidence is being collected). Purpose of Default Bail:
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