Explained: When can an individual get statutory bail?

What is the News?

The National Investigation Agency(NIA) has approached the Supreme Court against a Bombay High Court order granting statutory bail to advocate and activist Sudha Bharadwaj. 

What is Statutory Bail or Default Bail?

Click Here to read about Statutory Bail

What are the principles laid down on Statutory Bail?

Firstly, Default or statutory bail is an indefeasible right’, regardless of the nature of the crime.

Secondly, the stipulated period within which the charge sheet has to be filed begins from the day the accused is remanded for the first time. It includes days undergone in both police and judicial custody, but not days spent in house arrest.

Thirdly, the requirement for the grant of statutory bail is that the right should be claimed by the person in custody. If the charge sheet is not filed within the stipulated period, but there is no application for bail under Section 167(2), then there is no automatic bail. 

Time Period for Statutory Bail

For most offences, the police have 60 days to complete the investigation and file a final report before the court.

However, where the offence attracts a death sentence or life imprisonment, or a jail term of not less than 10 years, the period available is 90 days.

In other words, a magistrate cannot authorise a person’s judicial remand beyond the 60-or 90-day limit. At the end of this period, if the investigation is not complete, the court shall release the person “if he is prepared to furnish bail”.

Statutory Bail Provision for Special laws: The 60 or 90-day limit is only for ordinary penal law. Special enactments allow greater latitude to the police for completing the probe.

In the Narcotic Drugs and Psychotropic Substances Act 1985, the period is 180 days. However, in cases involving substances in commercial quantity, the period may be extended up to one year.

In the Unlawful Activities (Prevention) Act 1967, the default limit is 90 days only, which can be extended to another 90 days.

This extension in these cases can be granted only on a report by the Public Prosecutor indicating the progress made in the investigation and giving reasons to keep the accused in continued detention.

These provisions show that the extension of time is not automatic but requires a judicial order.

Source: This post is based on the article “Explained: When can an individual get statutory bail?” published in The Hindu on 6th December 2021.