Default bail — also called statutory bail or compulsive bail — is the right of an accused person to be released if the investigation is not completed within the time the law allows. Under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), it is provided in Section 187(3), corresponding to the proviso to Section 167(2) of the CrPC.
The time limits
| Offence punishable with | Maximum period of custody during investigation |
|---|---|
| Death, life imprisonment or imprisonment of ten years or more | 90 days |
| Any other offence | 60 days |
If the charge-sheet is not filed within the applicable period, the accused becomes entitled to be released on bail if they are prepared to and do furnish bail. Special statutes may prescribe longer periods.
Custody in parts
One change in the BNSS is that police custody of up to fifteen days in total may be sought in parts during the first forty days (for offences with the 60-day period) or the first sixty days (for offences with the 90-day period) of detention. The overall limits for default bail remain as above.
Important points
- The right is indefeasible once it accrues, but it must be exercised by the accused by applying for bail before the charge-sheet is filed.
- If a charge-sheet is filed after the period has expired but before the accused applies, the right is generally lost.
For more on bail generally, see regular bail in Delhi.
This article is general information and is not legal advice.