Default Bail under the BNSS

Default bail is a statutory safeguard against detention when the police fail to complete an investigation within the prescribed period. Under Section 187(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, an accused becomes entitled to bail after that period expires, provided the accused is prepared to furnish bail.

Trigger and time limits

The mechanism applies when investigation remains incomplete and the accused continues in custody under a Magistrate's remand.

• The maximum period is 90 days where the alleged offence is punishable with death, imprisonment for life, or imprisonment for ten years or more.
• The maximum period is 60 days for any other offence.
• On expiry of the applicable period, the Magistrate must release the accused on bail if the accused is prepared to and does furnish bail.

How the right is claimed

Default bail is conditional rather than automatic. The accused must invoke the right after the statutory period expires and comply with the bail conditions.

• If the accused applies after expiry but before the police report is filed, the resulting indefeasible right cannot be defeated by filing the report afterwards.
• If the police report is filed before the accused invokes the right, bail must ordinarily be sought under the regular bail provisions.
• Failure to furnish bail permits continued detention despite expiry of the investigation period.

Scope and significance

Default bail protects personal liberty and creates an incentive for timely investigation, but it does not determine the merits of the accusation.

• Release on default bail neither terminates the investigation nor amounts to acquittal.
• Under Section 187, up to fifteen days of police custody may be authorised in parts within the initial forty days of a 60-day period or the initial sixty days of a 90-day period; this does not extend the default-bail deadlines.