Default Bail and the Limits of Detention in Extended Investigations: a Case Analysis of Rakesh Kumar Paul V. State of Assam
Year: 2026
Type: article
Abstract: This case analysis of Rakesh Kumar Paul v. State of Assam examines the boundaries of police custody and the indefeasible right to default bail during extended investigations. By comparing Section 167 of the erstwhile Code of Criminal Procedure (CrPC) with Section 187 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), the article clarifies the application of the 60-day versus 90-day custody limits. It establishes that the 90-day threshold applies strictly to offences carrying a minimum punishment of ten years, rather than those where the maximum sentence merely extends to ten years. The analysis concludes that default bail is a fundamental safeguard of personal liberty under Article 21 of the Constitution, one that can be invoked even orally without rigid procedural formalities.
Author: Rajan, Shreyas
Institution: Christ University
Language: English
Topic: Criminal Law and Evidence
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: green
OpenAlex ID: W7225139232