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Default Bail Under Section 167(2) CrPC

February 8, 2025

Section 167(2) of the Code of Criminal Procedure (now BNSS) provides that if the investigation is not completed within 60 or 90 days (depending on the offence), the accused has a right to default bail.

Conditions

The accused must apply for bail before the charge sheet is filed. Once the charge sheet is filed, the right to default bail is lost.

Procedure

An application for default bail is filed before the court. If the conditions are satisfied, bail is granted as a matter of right.

For case-specific advice on default bail in Delhi or Gurugram, consult a qualified advocate.

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Disclaimer: This content is for informational purposes only and does not constitute legal advice or solicitation, in accordance with the rules of the Bar Council of India.

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