Question

Under Section 167 of the Code of Criminal Procedure (CrPC), 1973, ‘Default Bail’ or statutory bail is a right of the accused if the investigation is not completed:

• A. Immediately following the completion of the initial 15-day police custody.
• B. Upon the expiry of 120 days specifically for offences against the State.
• C. After a fixed period of 30 days for all types of offences.
• D. After 60 days or 90 days, contingent upon the maximum punishment prescribed for the offence.

Hint:

Default bail (Section 167 CrPC) is an "indefeasible right." Just memorize the rule: 90 days for serious crimes (10+ years/life/death), 60 days for everything else!

Answer 1

The Correct Option is D

Section 167(2) can be tested in two parts: which of the two periods applies to a given offence, and what happens once that period runs out.

Test 1, which period:
The ninety day period applies only to offences punishable with death, life imprisonment, or imprisonment of ten years or more. Every other offence falls under the sixty day period. Whether the offence is against the State makes no difference, and there is no separate 120-day category and no flat 30-day rule.

Test 2, effect of expiry:
If the charge sheet is not filed within whichever period applies, the accused earns a right to be released on bail, provided he is willing to furnish bail. This right accrues on expiry of the relevant period, not immediately after the 15-day police custody window.

Conclusion:
Running the options through both tests leaves only the sixty or ninety day scheme tied to the offence's severity as a correct description of Section 167(2).

\[ \boxed{\text{After 60 days or 90 days, contingent upon the maximum punishment prescribed for the offence.}} \]

Answer 2

Default bail under Section 167(2) exists to stop an accused from being held indefinitely while an investigation drags on without a charge sheet. Testing each option against that safeguard purpose shows which one the provision was actually built to deliver.

1. Immediately following the completion of the initial 15-day police custody: Tying default bail to the end of the 15-day custody period would give investigating agencies far too little time in serious cases, and it confuses custody location with the deadline for completing investigation.
2. Upon the expiry of 120 days specifically for offences against the State: Carving out a special 120-day rule only for offences against the State would give the State an advantage not found in the text, ignoring that the real dividing line is the severity of punishment.
3. After a fixed period of 30 days for all types of offences: A single flat 30-day period for every offence, however serious, would not give investigators enough time in grave cases.
4. After 60 days or 90 days, contingent upon the maximum punishment prescribed for the offence: Linking the deadline to how serious the offence is lets investigators have more time for grave crimes while still guaranteeing that no one is held indefinitely.

Only the sixty or ninety day rule, scaled to the seriousness of the offence, actually protects personal liberty while giving investigation a realistic timeframe.

Therefore, the correct answer is After 60 days or 90 days, contingent upon the maximum punishment prescribed for the offence.