Current Affairs

UPSC Right to Default Bail - English

Context:

5. Supreme Court of India has recalled its decision on the Ritu Chhabaria vs Union of India case.

Introduction:

5. On 1st May 2023, Supreme Court (SC) recalled its decision on the Ritu Chhabaria vs Union of India case.
5. It was insisted by the Solicitor General of India that central investigation agencies were ‘facing difficulties’.
5. On 12th May 2023, SC issued an interim order clarifying that courts could grant default bail independent of and without relying on the Ritu Chhabaria judgment.
5. It is argued that the Court’s decision to suspend the rights of defendants in criminal cases might result in further erosion of the constitutional rights of the accused. It will also be against the fundamental principles of criminal procedure.

Right to Default Bail:

5. The right to statutory bail also called default bail, is available to the accused in instances when the investigating agency cannot complete its investigation within the time limit.
5. According to Section 167(2) of the Code of Criminal Procedure (CrPC), the maximum time available to investigators is 60 or 90 days.
5. If the investigation is not completed within this time period, the accused can apply for default bail under the first proviso to Section 167(2) of the CrPC.
5. This provision is designed to prevent long-term detention of the accused.
5. In multiple instances, the court has reiterated that it is an indefeasible right that flows from Article 21 of the Constitution. For example,
5. In the Achpal vs State of Rajasthan (2018) case, the court ruled that an investigation report by an unauthorized officer could not bar the accused from availing of this right.
5. Similarly, in S. Kasi vs State (2020), it was ruled that the pandemic could not be used as the reason for the additional detention of the accused.

Historical Background:

5. In the earlier version of CrPC, accused persons could be detained for a maximum of 15 days.
5. The Law Commission in its 41st report recommended default bail due to abuse of the provision by the police that extended the custody of the accused.
5. In 1978, CrPC was amended to add statutory bail and ensure that the accused is not detained for extended periods.

Associated Concerns:

5. The investigating authorities bypass the default bail provisions by filing incomplete or supplementary charge sheets within the 60/90-day period.
5. In Ritu Chhabaria’s case, SC delegitimized the incomplete charge sheets from applying for default bail.
5. Moreover, the case did not lay down any additional hurdles in the investigation.
5. The court’s order to recall judgment has not only raised concerns but also deferred decisions on default bail for accused persons across the country.

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