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Statutory Bail: 31 May 2024

A JNU Scholar got bail (under Section 436A CrPC) in one case of sedition and unlawful activity under Unlawful Activity Prevention Act (UAPA).

Table of Content

About Statutory Bail: Statutory bail is a legal right

  • Also known as “default bail” under Section 167(2) of the Code of Criminal Procedure (CrPC), 1973. 
  • It is a right of the accused to be released on bail due to the failure of the prosecution to complete the investigation within a prescribed period.
  • Section 167(2) of CrPC: If the investigation is not completed within 60 days for offenses punishable with less than 10 years of imprisonment, or 90 days for offenses punishable with 10 years or more, the accused is entitled to statutory bail.
  • Section 436A of CrPC: Provides for the release of undertrial prisoners on bail if they have been in detention for a period extending up to one-half of the maximum period of imprisonment specified for that offense.

Related Judgements:

  • Hussainara Khatoon v. State of Bihar (1979): Highlighted the importance of speedy trials and the right of the accused to statutory bail.
  • Uday Mohanlal Acharya v. State of Maharashtra (2001): Reinforced that the right to statutory bail is absolute once conditions under Section 167(2) are met.
  • Sanjay Dutt v. State through C.B.I. (1994): Clarified that once the right to statutory bail accrues, it cannot be defeated by subsequent filing of the charge sheet.

Why in the News? 

A JNU Scholar got bail (under Section 436A CrPC) in one case of sedition and unlawful activity under Unlawful Activity Prevention Act (UAPA).