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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
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 — the first consultation is free.