Maneka Gandhi
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Default Bail as a Structural Constitutional Guarantee: Reclaiming The Indefeasible Right Under Article 21
ABSTRACT A concept of ‘statutory’ or ’default’ bail under the second provision of Section 167(2)(now reenacted as Section 187 of the Bharatiya Nagarik Suraksha Sanhita, 2023) of the Criminal Procedure Code is traditionally characterized as an ’indefeasible right’, which arises in the face of investigatory delay. Barring a discussion of the underlying determinants of such…
