ISSN: 2265-6294

THE PARADOX OF DEFAULTBAILIN THE ADMINISTRATION OF CRIMINAL JUSTICE

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Mona Goel,Vinod Kumar

Abstract

Bail under section 167(2) cr.PC, is popularly known as default bail. Theright of accused begins the moment he is arrested.The law presumes an accused to be innocent till his guilt nisnproved. As a presumably innocent person, he is entitled to all the fundamental rights including the right to liberty guaranteed under Article 21 of the constitution.i Article22ofConstitutionofIndiaprovidesfortherightofaccusedperson to the extent that he has right to be informed of reason for his arrest andhe shall be entitled to consult and to be defended by legal practitioner of his choice. The aforesaid right is duly incorporated in Section 50 of CrPC.Section 50 of CrPC provides that person arrested must be informed about grounds of arrest and of right to bail.

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