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Custody includes “House Arrest” under Section 167 CrPC: Supreme Court

Team SoOLEGAL 13 May 2021 3:21pm

Custody includes “House Arrest” under Section 167 CrPC: Supreme Court

While hearing the case of Gautam Navlakha vs. National Investigation Agency, Justice UU Lalit and Justice KM Joseph of the Supreme Court of India held that under Section 167 of Cr.P.C., the Court has the authority to direct for house arrest. Although certain criteria like the age of the accused, health issues, antecedents, nature of crime etc should be taken into consideration while ordering for house arrest.

This judgement was passed by the Supreme Court while hearing a matter of a bail application. A question was framed during the hearing of the case that whether the 34 days of the house arrest of the accused can be considered to grant him a statutory bail that has a mandatory rule for the accused to spend a period of 90 days in jail under Section 167 of Cr.P.C. The Bench stated that the house arrest order was not passed under Section 167 of Cr.P.C. and that statutory bail cannot be granted as the 34 days spent in house arrest will not be counted within the 90 days period.

While rejecting the application, the Court stated that under Section 167 of Cr.P.C., it has be to either in police custody or judicial custody and that the concept of house arrest in not considered under this particular section. The bench also stated that after taking the components under the Section into consideration, it can be concluded that under Section 167 of Cr.P.C., house arrest can also be a fair option. The Court mentioned that the maintenance cost of jails turns out to be approximately Rs 6818.1 Crore and if house arrests are permitted then there will be less crowd in the jail as well as it will be economical to manage. There is an uniform supervision for the convicts in jail and it has to be equal in a house arrest.



Tagged: Supreme Court   bail application   house arrest  
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