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Reading: Subject Study on Default Bail under section 167(2) Cr.P.C
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> Digest> Subject wise> Subject Study on Default Bail under section 167(2) Cr.P.C

Subject Study on Default Bail under section 167(2) Cr.P.C

Thorough Subject Study on Default/Statutory Bail.
section1 October 20, 2024
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Subject Study on Default Bail under section 167(2) Cr.P.C

Subject Study

  • A brief study of default bail under section 187 (3) BNSS (Old 167(2) Cr.P.C)
  • Section 167(2) Cr.P.C: Default bail surety cannot be furnished after final report submitted
  • Limitation of filing charge sheet unless extended by the law does not applies to custody under section 167(2) Cr.P.C
  • Section167(2) Cr.P.C: 60 or 90 days shall be calculated from the date of magistrate authorizes the remand
  • Only revision lies against the order dismissal of statutory bail under section 167(2) Cr.P.C
  • Prosecution cannot file final report without complete investigation to deprive arrest of accused and default bail under section 167(2) Cr.P.C
  • Section 167(2) Cr.P.C: Mere filing of the chargesheet subsequent to a person is released on default bail under Section 167(2) Cr.P.C. cannot be a ground to cancel the bail of a person, who is released on default bail
  • Section 167 crpc: Accused cannot claim default bail on the ground that the further investigation against other accused is pending
  • Ratio decidendi: Failing to inform the accused of the grounds of arrest, denying the opportunity to defend through counsel, and failing to provide information about the proposed remand is unconstitutional
  • Section167 Cr.P.C: An oral application for grant of default bail would suffice

Further Study

Cr.P.C., 1973. Notes no.4: General Provisions as to Inquiries and Trials – Part.2 (Duty of judge)

Cr.P.C., 1973. Notes no.9: Second FIR, General propositions as to FIR, appreciation & Evidentiary value of first information report (Chapter XII – Part.3, 4, 5 & 6)

Cr.P.C., 1973. Notes no.3: General Provisions as to Inquiries and Trials – Part.1

Affidavit – Magistrate cannot take proof affidavit except N.I Act

Section 167 crpc: Accused cannot claim default bail on the ground that the further investigation against other accused is pending

TAGGED:167 statutory bailcrpcdefault bailsection 167 studystatutory bailstudy on 167(2) crpcsubject wise defualt bail
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