Default Bail In Cyber Offences
What is Default Bail?
Default Bail (also called Statutory Bail) is a right guaranteed to an accused person under Section 167(2) of the Code of Criminal Procedure (CrPC), 1973. It comes into play when the investigating agency fails to complete the investigation and file a charge sheet within the prescribed time limit.
Legal Provision: Section 167(2) CrPC
If the police do not complete their investigation within:
60 days (for offences punishable with imprisonment up to 10 years),
90 days (for offences punishable with death, life imprisonment, or imprisonment for more than 10 years),
...and the accused is in custody, then he/she has a right to be released on bail, provided they apply for it and are ready to furnish bail.
⚖️ Application in Cyber Offences
Cyber offences may vary in gravity – some are bailable, others non-bailable. The serious ones, such as:
Data breaches under the IT Act, 2000,
Cyber terrorism (Sec 66F),
Identity theft (Sec 66C),
Cheating by personation via computer (Sec 66D),
...may fall under non-bailable and cognizable categories, triggering longer investigation times and, hence, possible default bail if the investigation is not completed in time.
🧑⚖️ Key Case Laws on Default Bail in Cyber Offences and Related Contexts
Below are five significant cases that help explain the principle of default bail – both in cyber and other analogous contexts where the reasoning applies:
1. Rakesh Kumar Paul v. State of Assam (2017) 15 SCC 67
Facts:
Accused under Section 13(1)(e) of the Prevention of Corruption Act, punishable by imprisonment up to 10 years.
He applied for default bail under Section 167(2), claiming the 60-day limit applied (not 90 days).
Held:
Supreme Court held that where the offence is punishable with up to 10 years, the 60-day limit applies.
If charge sheet is not filed in 60 days, the accused is entitled to default bail.
Relevance to Cyber Law:
Many cyber offences under the IT Act have maximum punishments up to 10 years – this judgment clarifies the applicable period (60 or 90 days).
2. Fakhrey Alam v. State of U.P., 2021 SCC OnLine SC 532
Facts:
The accused was in jail beyond the 60-day limit for an offence punishable up to 10 years.
He applied for default bail, but was denied.
Held:
The Supreme Court upheld the right to default bail, stating it's a fundamental right under Article 21.
It is not at the court’s discretion but a statutory right.
Relevance to Cyber Law:
Reinforces that procedural rights under CrPC are fundamental in nature, including for cyber offences.
3. CBI v. Anupam J. Kulkarni (1992) 3 SCC 141
Facts:
Issue: Whether a person arrested during investigation can be remanded to police/judicial custody beyond the permissible period.
Held:
Police custody cannot extend beyond 15 days from the date of first remand.
The total custody (police + judicial) cannot exceed 60 or 90 days (as per gravity of the offence) before default bail becomes applicable.
Relevance to Cyber Law:
Useful in economic and cyber crimes, where long investigation periods are common.
Emphasizes the upper limit of pre-charge sheet custody.
4. Uday Mohanlal Acharya v. State of Maharashtra (2001) 5 SCC 453
Facts:
The accused had applied for default bail, but before bail was granted, the charge sheet was filed.
Held:
The right to default bail crystallizes the moment the accused applies for bail after the deadline expires.
If the accused applies before the charge sheet is filed, he must be granted bail, even if the charge sheet is filed a few hours later.
Relevance to Cyber Law:
Applies to complex cases like cyber terrorism, where charge sheets may be delayed.
Once default bail is applied after the statutory period, filing charge sheet later won't defeat the right.
5. Union of India v. Nirala Yadav (2014) 9 SCC 457
Facts:
The trial court denied default bail on the ground that the application was not "pressed."
Held:
The moment the statutory period ends, the right to default bail is triggered, and courts cannot defeat this by procedural delays.
The filing of a charge sheet later does not extinguish this right.
Relevance to Cyber Law:
In cyber offences involving agencies like CBI or SFIO, delays are common.
This case protects the accused from deliberate delays by investigative agencies.
⚖️ Summary of Default Bail Principles
| Point | Principle |
|---|---|
| 1 | Default bail is a statutory and fundamental right under Section 167(2) CrPC and Article 21 of the Constitution. |
| 2 | The time limit is 60 days (if punishment ≤ 10 years) or 90 days (if >10 years, life or death). |
| 3 | The right crystallizes once the accused applies for bail after the period ends. |
| 4 | Even if the charge sheet is filed after the application, the right remains. |
| 5 | Courts must not delay or reject default bail once the conditions are met. |
📌 Application in Cyber Offences
| Cyber Offence | Punishment | Time Limit for Investigation |
|---|---|---|
| Section 66 (Hacking) | Up to 3 years | 60 days |
| Section 66C (ID Theft) | Up to 3 years | 60 days |
| Section 66D (Cheating by personation) | Up to 3 years | 60 days |
| Section 67 (Publishing obscene material) | Up to 5 years | 60 days |
| Section 66F (Cyber terrorism) | Life imprisonment | 90 days |
✅ Conclusion
In cybercrime cases, default bail acts as a crucial check on investigative delays and upholds the liberty of the accused. Courts have consistently protected this right, regardless of the seriousness of the offence, as long as the statutory time period lapses without a charge sheet being filed and the accused applies for bail.
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