Abhinav tomar 03 October 2023

Whether regular bail under section 167(2) will be granted or not?

Can accused seek default bail under section 167(2) Cr.p.c if chargesheet filed is incomplete?

Quick Summary

This discussion clarifies when an accused person can seek default bail under Section 167(2) of the CrPC. It explains that if the police fail to complete their investigation and file a complete chargesheet within the stipulated timeframes (60 or 90 days, depending on the offence), the accused has a right to be granted bail. This right applies even if the filed chargesheet is incomplete, as the law prioritises timely investigation.

2 Replies

T. Kalaiselvan, Advocate (Advocate) 03 October 2023

Section 167(2) of the CrPC:If the police are unable to complete an investigation within a specified period, a person in judicial custody has the right to seek bail.

According to Section 167(2) of the CrPC, the magistrate can order the accused person to be detained in police custody for up to 15 days. If more time is needed, the magistrate can authorize the accused person's detention in judicial custody, which means jail. However, the accused cannot be held for more than:
- Ninety days if the investigating authority is looking into a crime that is punishable by death, life imprisonment, or imprisonment for at least ten years.
- Sixty days if the investigating authority is handling any other offense.

except offences under NDPS and UAP acts.