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Supreme Court Verdict on Section 167
November 19 , 2020
1391 days
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- The Supreme Court has held that an accused, irrespective of the merits of the case against him, should be granted “default” or “complusive” bail if the investigating agency does not complete the probe within a prescribed time limit.
- Under Section 167 of the Code of Criminal Procedure, an accused can be detained in custody for a maximum of 90 days for a crime punishable with death, life imprisonment or a sentence of over 10 years.
- It is 60 days of detention if the probe relates to any other offence.
- An accused has an “indefeasible right” to default bail under Section 167(2) of the Code of Criminal Procedure if the probe agency failed to complete the investigation on time.
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