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Quick Answer
Default bail, also known as statutory bail or compulsive bail, is the indefeasible right of an accused person to be released on bail when the investigation has not been completed within the statutory period — 60 days for offences punishable up to 10 years and 90 days for offences punishable beyond 10 years and capital offences. The right arises under Section 187(3) BNSS (formerly Section 167(2) CrPC). The accused must apply before the charge-sheet is filed; once filed, the right is extinguished. The Supreme Court in Satender Kumar Antil affirmed the absolute nature of this right.
Statutory reference
Section 187(3) BNSS 2023
The clock runs from the first remand date, not the date of arrest — diarise it on day one, because the entire right turns on arithmetic. The limit is 60 days where the offence is punishable up to ten years and 90 days where punishable with ten years or more, life, or death; special statutes extend it (180 days under the NDPS Act, extendable further under UAPA). The right is indefeasible but perishable: the application must be filed, and bail furnished, before the charge-sheet lands. Prosecutions sometimes race a bare or incomplete charge-sheet to court on day 59 or 89 precisely to defeat the right — whether such a filing is a genuine final report can itself be contested. Courts cannot refuse default bail on the gravity of the offence; the only questions are the calendar and the bond.
Worked example
A Gurgaon man is remanded in a cheating and forgery case punishable up to seven years — the 60-day limit applies. His lawyer notes the remand date and files the Section 187(3) BNSS application on day 61, before any charge-sheet has been filed, with the accused ready to furnish bail. The court verifies the dates from the remand record and releases him the same week — no argument on merits, no status report. Had the family waited three more days, the charge-sheet filed on day 63 would have extinguished the right entirely, and bail would have had to be fought on merits under Section 483.
Related practice areas
Statutory right to bail under Section 187(3) BNSS when the prosecution fails to file the charge-sheet within 60 or 90 days of the accused's first remand to custody.
Default Bail is governed by Section 187(3) BNSS 2023. Default bail, also known as statutory bail or compulsive bail, is the indefeasible right of an accused person to be released on bail when the investigation has not been completed within the statutory period — 60 days for offences punishable up to 10 years and 90 days for offences punishable beyond 10 years and capital offences. The right arises under Section 187(3) BNSS (formerly Section 167(2) CrPC). The accused must apply before the charge-sheet is filed; once filed, the right is extinguished. The Supreme Court in Satender Kumar Antil affirmed the absolute nature of this right.
Default Bail falls under Criminal Law. NyaySevak matches you with a Bar-Council-verified advocate in the relevant practice area — your first step is a free case assessment with no obligation.
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