What is the common examiner trap about Polity in UPSC exams?

They may ask about the total extension period granted (25 days) or the specific IPC/UAPA sections (like 124A, 153A) to confuse it with the core legal principle of procedural safeguard and default bail right.

What should UPSC aspirants remember about Polity for Prelims?

1. Target this Data: 90-day statutory custody period for filing chargesheet under UAPA. 2. Target this Nodal Body: Supreme Court of India (Bench of Justices Vikram Nath and Sandeep Mehta). 3. Target this Legal Point: CrPC Section 167(2) grants an 'indefeasible right' to default bail.

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News 11 of 29

SC Grants Default Bail Under UAPA, Rules 90-Day Custody Extension Illegal Without Hearing Accused

Q: Under which article of the Constitution did the Supreme Court base its ruling on the violation of personal liberty in the 'mechanical extension' case?

Article 21, The Supreme Court held that the mechanical extension of custody without hearing the accused was 'violative of the fundamental right of liberty of the appellant as guaranteed under Article 21 of the Constitution of India,' as stated in the article.

Q: Consider the following statements regarding the Supreme Court judgment on UAPA custody extensions: 1. The Court held that the accused must be informed and heard before any extension of the investigation period is granted. 2. The judgment stated that the right to default bail under CrPC Section 167(2) is a discretionary right of the court. 3. The bench relied on its earlier ruling in the case of Jigar vs State of Gujarat (2023) to reinforce the procedural safeguard. Which of the statements given above is/are correct?

Both 1 and 3, Statement 1 is correct as the SC criticized the 'mechanical' order passed without informing the accused. Statement 2 is incorrect; the right to default bail is described as an 'indefeasible right,' not a discretionary one. Statement 3 is correct as the article mentions the Court 'reiterated' the precedent from Jigar vs State of Gujarat (2023).

Q: What is the statutory period, in days, for filing a chargesheet in cases under the Unlawful Activities (Prevention) Act (UAPA), as referenced in the Supreme Court judgment?

90 days, The article explicitly mentions that the Supreme Court held extensions illegal 'beyond the statutory 90-day period' for filing the chargesheet under UAPA. The other options are standard periods for other categories of offences under CrPC.

Q: What is the primary legal consequence established by the Supreme Court if an extension of custody under UAPA is granted without hearing the accused?

The extension order is illegal, and the accused's right to default bail crystallizes., The Supreme Court's core ruling was that the 'mechanical' extension order itself was 'grossly illegal,' making subsequent custody unlawful. Since the accused had applied for default bail before the chargesheet was filed, his right to statutory bail had 'crystallised,' leading to his release.

Polity Security & DefenceHIGH

Target:UPSC GS-IIMPSCTeachingSSC GAPrelims HighMains HighStatic GK Link

08 May 2026

~2 min

Source: Indian Express

Key Data:90-day periodArticle 21CrPC Section 167(2)

Bodies:Supreme Court of IndiaJharkhand High CourtAnti-Terrorism Squad (ATS)

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~2 min · Quick mode

What This Article Covers

1.SC granted default bail to a UAPA accused, stating extensions of custody beyond the 90-day period without hearing the accused are illegal.

2.The Court emphasized that extension under CrPC Section 167(2) affects an 'indefeasible right' to default bail and requires strict judicial scrutiny.

3.This judgment reaffirms the precedent set in Jigar vs State of Gujarat (2023) regarding mandatory procedural safeguards during investigation.

The Big Picture

Prelims · HighMains · High

The Supreme Court has reinforced procedural safeguards under UAPA by granting default bail to an accused. It held that extensions of custody beyond the 90-day statutory period are illegal if passed without informing or hearing the accused, as such 'mechanical' orders violate the fundamental right to liberty under Article 21.

Exam Lens

Quick Exam Facts From News

Statutory Custody Period (UAPA)90 days

Key Supreme Court BenchJustices Vikram Nath & Sandeep Mehta

Constitutional Article CitedArticle 21

Key Legal ProvisionCrPC Section 167(2)

1-Minute Revision

›Statutory Custody Period (UAPA): 90 days
›Key Supreme Court Bench: Justices Vikram Nath & Sandeep Mehta
›Target this Data: 90-day statutory custody period for filing chargesheet under UAPA.
›Target this Nodal Body: Supreme Court of India (Bench of Justices Vikram Nath and Sandeep Mehta).
›Target this Legal Point: CrPC Section 167(2) grants an 'indefeasible right' to default bail.

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News Snapshot

⚖️

Procedural Justice

SC mandates that any extension of custody for filing a chargesheet must involve informing and hearing the accused, preventing 'mechanical' judicial orders.

🔓

Default Bail Right

If the investigation is not completed and chargesheet not filed within 90 days, the accused gets an indefeasible right to seek default bail under CrPC Section 167(2).

📜

UAPA Safeguards

The judgment applies stringent procedural checks even under the stringent Unlawful Activities (Prevention) Act (UAPA), balancing security needs with personal liberty.

Detailed Analysis & Strategic Depth

Context / Background

The case involves a Jharkhand man booked under UAPA and IPC sections for alleged ISIS links. The core legal conflict arose when the trial court extended the 90-day investigation period by 25 days without the accused's knowledge, triggering a challenge to the denial of his subsequent default bail plea.

Core Analysis & Implications

The Supreme Court's ruling strengthens Article 21 (Right to Life and Personal Liberty) within the framework of anti-terror laws. It establishes that the 'indefeasible right' to default bail under CrPC Section 167(2) is a crucial check against indefinite detention. The judgment mandates that courts must record 'cogent reasons' and ensure the accused's presence (physically or virtually) before granting any extension, preventing routine, non-applied judicial approvals.

Future Outlook / Way Forward

This precedent will guide lower courts in handling UAPA and other serious offence cases, ensuring stricter adherence to procedural justice. It reinforces the principle that stringent laws cannot override fundamental procedural rights. Future legal challenges may further delineate the scope of 'sufficient reasons' required for extensions, continuing the judicial effort to balance state security and individual liberty.

Key Facts at a Glance

Statutory Custody Period (UAPA)90 days

Key Supreme Court BenchJustices Vikram Nath & Sandeep Mehta

Constitutional Article CitedArticle 21

Key Legal ProvisionCrPC Section 167(2)

You've read the full analysis. Now test your understanding.

Practice exam-style questions based on this article.

Q1Static LinkageEasyUPSC, SSC, State PSC

Under which article of the Constitution did the Supreme Court base its ruling on the violation of personal liberty in the 'mechanical extension' case?

Q2Statement-basedHardUPSC, MPSC

Consider the following statements regarding the Supreme Court judgment on UAPA custody extensions:

1. The Court held that the accused must be informed and heard before any extension of the investigation period is granted.

2. The judgment stated that the right to default bail under CrPC Section 167(2) is a discretionary right of the court.

3. The bench relied on its earlier ruling in the case of Jigar vs State of Gujarat (2023) to reinforce the procedural safeguard.

Which of the statements given above is/are correct?

Q3Data-centricMediumUPSC, SSC, State PSC

What is the statutory period, in days, for filing a chargesheet in cases under the Unlawful Activities (Prevention) Act (UAPA), as referenced in the Supreme Court judgment?

Q4Application/ImpactMediumUPSC, MPSC, Judiciary

What is the primary legal consequence established by the Supreme Court if an extension of custody under UAPA is granted without hearing the accused?

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SC Grants Default Bail Under UAPA, Rules 90-Day Custody Extension Illegal Without Hearing Accused

Exam Lens

Quick Exam Facts From News

1-Minute Revision

News Snapshot

Procedural Justice

Default Bail Right

UAPA Safeguards

Detailed Analysis & Strategic Depth

Context / Background

Core Analysis & Implications

Future Outlook / Way Forward

Prelims Flashpoints

Key Facts at a Glance