Default Bail Under Section 187(3) BNSS: Claim It on Day 60 or Lose It Forever
When someone is arrested in Saharanpur and the police cannot complete their investigation on time, the law gives the accused an extraordinary weapon: default bail, also called statutory bail or compulsory bail. It is not a favour — it is an absolute legal right under Section 187(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), which replaced Section 167(2) of the CrPC from July 1, 2024.
The right is powerful. And it disappears the moment the police file the chargesheet — even on the last day, even an hour before the advocate walks into court.
> A note on the section number: This default-bail right — release when the chargesheet is not filed in time — is contained in Section 187(3) BNSS. It is widely (but incorrectly) cited as "Section 479 BNSS." Section 479 BNSS is a *different* provision dealing with the maximum period an undertrial may be detained (release after serving half — or one-third for a first-time offender — of the maximum sentence). Both lead to release, but they are separate rights with separate triggers.
What Is Default Bail?
In a regular bail application, the court weighs factors: the offence's severity, flight risk, risk of evidence tampering, criminal history. The court has wide discretion.
Default bail is different. If the conditions are met, the court has no discretion. It must release the accused. The Supreme Court has repeatedly held this right flows directly from Article 21 of the Constitution — the right to personal liberty cannot be curtailed indefinitely without the State building its case.
The purpose: if the State has not gathered enough evidence to file a chargesheet within the allowed period, it has no justification to keep the accused in custody.
The Two Deadlines Under Section 187(3) BNSS
60 days — for offences punishable with imprisonment up to 10 years (not death, not life imprisonment).
90 days — for offences punishable with:
- Death
- Life imprisonment
- Imprisonment for 10 years or more
Common 90-day cases in Saharanpur: murder (Section 103 BNS), culpable homicide (Section 105 BNS), rape (Section 63 BNS), kidnapping for ransom (Section 140 BNS), NDPS Act with commercial quantity, armed robbery.
If the FIR contains a mix — some offences above 10 years, some below — the 90-day rule applies to the entire case.
Counting the Days: Where Families Go Wrong
Start date: The day of the first physical arrest. Not the FIR date. Not the remand order date. The actual arrest date recorded on the Arrest Memo.
Counting method: Every calendar day counts — Sundays, gazetted holidays, court vacation weeks. There are no exclusions.
Example: A person arrested at Kotwali Saharanpur on June 1 in a Section 318 BNS (cheating) case — a sub-10-year offence. The 60th day is July 31. If police have not filed a chargesheet by the time court opens on July 31, the advocate must file the default bail application immediately that morning.
The fatal rule: If the police file the chargesheet at 11 AM on July 31 and the advocate files the default bail application at 2 PM the same day — the right is gone. Chargesheet filing extinguishes the right, even on the last possible day.
The Application Process at Saharanpur Courts
2. File the application under Section 187(3) BNSS before the Magistrate (for Magistrate-triable offences) or the Sessions Court (for Sessions-triable offences).
3. The application must state: the arrest date, the number of days elapsed, that no chargesheet has been filed, and request for release on bail.
4. The court verifies from the case diary and court record that no chargesheet is on file.
5. If verified, the court grants bail and fixes bond amount with sureties.
6. Once the bail bond is deposited and sureties are verified, the accused is released.
Mistakes That Kill the Right
1. Waiting until day 61 or 91. The most common cause of losing this right. By the time families realise, the police have quietly filed the chargesheet the day before.
2. Filing in the wrong court. For Sessions Court-triable offences, filing before the Magistrate wastes the deadline.
3. Not tracking the exact arrest date. Police sometimes note incorrect dates. Verify from the Arrest Memo, which must be given to a family member under Section 48 BNSS.
4. Accepting a "preliminary chargesheet" as final. Police sometimes file an incomplete challan with a request for further investigation time. This does not automatically defeat the default bail right — but it requires immediate legal argument.
What Default Bail Does Not Mean
Default bail does not end the case. Investigation continues and police can still file a chargesheet. Once they do, the State can apply for bail cancellation — but must show fresh grounds (abscondance risk, evidence tampering, fresh offence).
Default bail is a liberty right during the investigation phase only. It does not affect the merits of the case.
Why This Matters in Saharanpur
Saharanpur's criminal courts handle hundreds of matters where accused persons sit in custody for months — especially in cases involving multiple accused, property disputes needing revenue records, or NDPS cases where the FSL report from Agra takes 60+ days. Default bail is often the only relief until the chargesheet is filed.
Track the date. Apply on day 60 or day 90. Not day 61.
For chargesheet deadline tracking and default bail applications, contact our Criminal Lawyer Saharanpur desk. See also: What Happens After a Chargesheet Is Filed and Family Arrested? First 24 Hours Guide.
Chamber No. 71, Civil Court, Court Road, Saharanpur — call +91-76176-17777.