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A person accused of murder is willing to furnish bail. The 90-day limit under section 187(3) of the…

Section 187(3) sets a 90-day limit for the specified serious offences, including murder. An accused who invokes default bail after expiry and before the report is filed, and…

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A person accused of murder is willing to furnish bail. The 90-day limit under section 187(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 has expired and no special statute extends it. In which situation has the accused lost the right to claim default bail?

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Answer and explanation

Correct answer C

Section 187(3) sets a 90-day limit for the specified serious offences, including murder. An accused who invokes default bail after expiry and before the report is filed, and is prepared to furnish bail, preserves the right against a later filing. Release requires the accused to furnish bail. If the report is filed before the right is invoked, the accused may seek ordinary bail on the applicable grounds.

Option feedback

Option A

An oral request can invoke the right when the time has expired and the report is still unfiled.

Option B

A later filing cannot defeat a default-bail right that the accused has already invoked.

Option C

The accused did not invoke default bail before the report was filed, so that statutory basis for release is lost.

Option D

A bare request for more time does not defeat the accrued and invoked right in an ordinary murder investigation.

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