web analytics

Menu

Skip to content
Shades of Knife
  • Home
  • True Colors of a Vile Wife
  • Need Inspiration?
  • Blog Updates
  • SOK Gallery
  • Vile News Reporter
  • About Me
  • Contact Me

Shades of Knife

True Colors of a Vile Wife

Default Bail under Code of Criminal Procedure

Posted on November 10, 2020 by ShadesOfKnife

Code of Criminal Procedure contains lot of provisions that give powers to Police/investigating agencies to take an accused person into their custody (police custody in the lockup cell of a Police station, where lockup deaths happen). At the same time, time limits were placed on such custody for inquiry/investigation so as to protect the fundamental rights of accused. When such time limits expire, Courts are empowered (actually duty-bound) to order for release of such accused at the expiration of such statutory time-limits.

Here are the provisions.

As per subsection (2) of section 167 CrPC, the following situation allows for default bail for an accused.

(2) XXXXX:
Provided that—
(a) XXXXX, but no Magistrate shall authorise the detention of the accused person in custody under this paragraph for a total period exceeding—
(i) ninety days, where the investigation relates to an offence punishable with death, imprisonment for life or imprisonment for a term of not less than ten years;
(ii) sixty days, where the investigation relates to any other offence, and,

on the expiry of the said period of ninety days, or sixty days, as the case may be, the accused person shall be released on bail if he is prepared to and does furnish bail, and every person released on bail under this sub-section shall be deemed to be so released under the provisions of Chapter XXXIII for the purposes of that Chapter;

Also, obviously

Explanation I.—For the avoidance of doubts, it is hereby declared that, notwithstanding the expiry of the period specified in paragraph (a), the accused shall be detained in custody so long as he does not furnish bail.


As per subsection (2A) of section 167 CrPC, the following situation allows for default bail for an accused.

(2A) Notwithstanding anything contained in sub-section (1) or sub-section (2), the officer in charge of the police station or the police officer making the investigation, if he is not below the rank of a sub-inspector, may, where a Judicial Magistrate is not available, transmit to the nearest Executive Magistrate, on whom the powers of a Judicial Magistrate or Metropolitan Magistrate have been conferred, a copy of the entry in the diary hereinafter prescribed relating to the case, and shall, at the same time, forward the accused to such Executive Magistrate, and
thereupon such Executive Magistrate, may, for reasons to be recorded in writing, authorise the detention of the accused person in such custody as he may think fit for a term not exceeding seven days in the aggregate; and, on the expiry of the period of detention so authorised, the accused person shall be released on bail except where an order for further detention of the accused person has been made by a Magistrate competent to make such order; and, where no order for such further detention is made, the period during which the accused person was detained in custody under the orders made by an Executive Magistrate under this sub-section, shall be taken into account in computing the period specified in paragraph (a) of the proviso to sub-section (2):


Some helpful cases laws are here.


Index of all Bail matters is here.

Shades of Knife


Disclaimer:

Curated, Reproduced from main.sci.gov.in, judis.nic.in, lobis.nic.in, indiacode.nic.in and other Indian High Court and District Court Websites such as ecourts.gov.in or any other Government websites such as Gazettes and repositories of Government Orders and Commented in accordance with Section 52(1)(q) of the Copyright Act 1957 (India) and any other applicable public disclosure laws/provisions in India and in various other countries.

I neither have control to remove copies of this document(s) that may be available on websites of High Courts or Supreme Court of India or any of the many other sites, law journal or reporters which carry the same judgment in entire form, nor I can remove references/links to this document(s) from the results of Search Engines such as Google.com.

Read more gyan here.

Though, I can remove content from my site, on request for any parties to a case, even though, I am not legally obligated to do so, except for express bar from a Competent Court.

Om Shanthi !!!


Oh, by the way, my competent Legal team delivers time-bound legal reliefs to victims of false family and matrimonial cases at

AnaghaLegalReliefs.in !!! (work-in-progress)

We are on social media too.
Just google for: Anagha Legal Reliefs

Posted in Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments | Tagged CrPC 167 - Default Bail | Leave a comment

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

You may use these HTML tags and attributes: <a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <s> <strike> <strong>

Search within entire Content of “Shades of Knife”

My Twitter Timeline

Tweets by @Shadesofknife

Recent Posts

  • Varshaben Himantlal Vejani Vs State of Gujarat on 15 Jul 2016 April 13, 2021
  • Rajesh R. Nair Vs Meera Babu on 5 Mar 2013 April 13, 2021
  • Bhima Razu Prasad Vs State of Tamil Nadu on 12 Mar 2021 April 6, 2021
  • Chegireddy Venkata Reddy Vs Government of Andhra Pradesh on 30 Jul 2020 April 5, 2021
  • Lingam Seetharammayya and Ors Vs State of AP and Ors on 16 Mar 2021 April 5, 2021

Most Read Posts

  • Satish Chander Ahuja Vs Sneha Ahuja on 15 Oct 2020 (844 views)
  • Government Guesthouse at Kapuluppada, Visakhapatnam (481 views)
  • Dr Nallapareddy Sridhar Reddy Vs State of AP and Ors (452 views)
  • In Re To issues certain guidelines regarding inadequacies and deficiencies in criminal trials (409 views)
  • Rajnesh Pal Naidu Vs Neha Naidu Joshi and Anr on 04 Nov 2020 (401 views)
  • IPC 498A is a Compoundable Case in Andhra Pradesh (385 views)
  • Default Bail under Code of Criminal Procedure (315 views)
  • Dr. Haniraj L. Chulani Vs Bar Council of Maharashtra and Goa on 8 April 1996 (309 views)
  • Vijay Kumar Ramachandra Bhate Vs Neela Vijay Kumar Bhate on 16 April, 2003 (307 views)
  • Shabnam Sheikh Vs State of Maharashtra on 15 Oct 2020 (249 views)

Tags

Legal Procedure Explained - Interpretation of Statutes (236)Landmark Case (230)Reportable Judgement or Order (196)Work-In-Progress Article (196)Catena of Landmark Judgments (146)2-Judge (Division) Bench Decision (127)Sandeep Pamarati (82)Article 21 of The Constitution of India (64)Absurd Or After Thought Or Baseless Or False Or General Or Inherently Improbable Or Improved Or UnSpecific Or Omnibus Or Vague Allegations (50)Perjury Under 340 CrPC (47)Summary Post (46)3-Judge (Full) Bench Decision (46)1-Judge Bench Decision (45)Reprimands or Setbacks to YCP Govt of Andhra Pradesh (44)IPC 498a Not Made Out (32)CrPC 482 - Quash (32)Rules of the Act/Ordinance/Notification/Circular (32)PWDV Act 20 - Maintenance Granted (31)PIL - CrPC 125 Must Go From Statute Book (28)Advocate Antics (27)

Categories

Supreme Court of India Judgment or Order or Notification (520)Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments (271)High Court of Andhra Pradesh Judgment or Order or Notification (138)High Court of Delhi Judgment or Order or Notification (85)High Court of Bombay Judgment or Order or Notification (79)General Study Material (53)High Court of Karnataka Judgment or Order or Notification (46)Prakasam DV Cases (46)LLB Study Material (45)Assorted Court Judgments or Orders or Notifications (40)High Court of Madras Judgment or Order or Notification (38)Judicial Activism (for Public Benefit) (35)High Court of Punjab & Haryana Judgment or Order or Notification (34)District or Sessions or Magistrate Court Judgment or Order or Notification (30)High Court of Allahabad Judgment or Order or Notification (28)High Court of Gujarat Judgment or Order or Notification (22)High Court of Madhya Pradesh Judgment or Order or Notification (21)High Court of Kerala Judgment or Order or Notification (16)High Court of Calcutta Judgment or Order or Notification (12)Chittor DV Cases (11)

Recent Comments

  • ShadesOfKnife on Sirangai Shoba @ Shoba Munnuri Vs Sirangi Muralidhar Rao on 19 October, 2016
  • muralidhar Rao Sirangi on Sirangai Shoba @ Shoba Munnuri Vs Sirangi Muralidhar Rao on 19 October, 2016
  • ShadesOfKnife on J.Shyam Babu Vs The State Of Telangana on 9 February, 2017
  • anuj on J.Shyam Babu Vs The State Of Telangana on 9 February, 2017
  • ShadesOfKnife on Syed Nazim Husain Vs Additional Principal Judge Family Court & Anr on 9 January, 2003

Archives of SoK

  • April 2021 (14)
  • March 2021 (58)
  • February 2021 (14)
  • January 2021 (50)
  • December 2020 (35)
  • November 2020 (68)
  • October 2020 (67)
  • September 2020 (29)
  • August 2020 (42)
  • July 2020 (20)
  • June 2020 (36)
  • May 2020 (40)
  • April 2020 (38)
  • March 2020 (26)
  • February 2020 (43)
  • January 2020 (36)
  • December 2019 (35)
  • November 2019 (4)
  • October 2019 (18)
  • September 2019 (58)
  • August 2019 (33)
  • July 2019 (12)
  • June 2019 (19)
  • May 2019 (5)
  • April 2019 (19)
  • March 2019 (58)
  • February 2019 (11)
  • January 2019 (90)
  • December 2018 (97)
  • November 2018 (43)
  • October 2018 (31)
  • September 2018 (74)
  • August 2018 (47)
  • July 2018 (143)
  • June 2018 (92)
  • May 2018 (102)
  • April 2018 (59)
  • March 2018 (8)

Blogroll

  • Daaman Promoting Harmony 0
  • Fight against Legal Terrorism Fight against Legal Terrorism along with MyNation Foundation 0
  • Good Morning Good Morning News 0
  • Insaaf India Insaaf Awareness Movement 0
  • MyNation Hope Foundation Wiki 0
  • MyNation.net Equality, Justice and Harmony 0
  • Sarvepalli Legal 0
  • Save Indian Family Save Indian Family Movement 0
  • SIF Chandigarh SIF Chandigarh 0
  • The Male Factor The Male Factor 0
  • Vaastav Foundation The Social Reality 0
  • Voice4india Indian Laws, Non-profits, Environment 0
  • Writing Law Writing Law by Ankur 0

RSS Cloudflare Status

  • Elevated number of 530/503 errors from Amsterdam, Netherlands - (AMS) April 14, 2021
    Apr 14, 00:23 UTCResolved - This incident has been resolved.Apr 13, 17:35 UTCInvestigating - Customers reaching Amsterdam, Netherlands - (AMS) would have experienced an elevated number of 530/503 errors.
  • Cloudflare control plane API April 13, 2021
    Apr 13, 22:12 UTCResolved - This incident has been resolved.Apr 13, 21:57 UTCMonitoring - A fix has been implemented and we are monitoring the results.Apr 13, 21:52 UTCInvestigating - Cloudflare control plane API is experiencing a partial outage. This impacts the administration of SSL for SaaS , and Cloudflare Pages. SSL termination and Pages at […]
  • Distributed Web Resolver Issues April 12, 2021
    Apr 12, 18:00 UTCResolved - Queries to the Cloudflare Distributed Web Resolver for the Distributed Web Gateway were unsuccessful on April 12th 2020 from 18:00 to 00:00 UTC. Websites served by the gateway during this time may have displayed errors or been inaccessible.

RSS List of Spam Server IPs from Project Honeypot

  • 212.129.2.166 | SD April 13, 2021
    Event: Bad Event | Total: 26,333 | First: 2018-11-27 | Last: 2021-04-13
  • 104.223.85.87 | S April 13, 2021
    Event: Bad Event | Total: 10 | First: 2021-03-27 | Last: 2021-04-13
  • 190.247.240.155 | SD April 13, 2021
    Event: Bad Event | Total: 128 | First: 2021-04-13 | Last: 2021-04-13
Proudly powered by WordPress
Theme: Flint by Star Verte LLC
pixel