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Polity & Governance July 01, 2026 5 min read Daily brief · #2 of 29

No default bail if chargesheet filed but not provided to accused: Supreme Court

A Supreme Court bench of Justices Sanjay Karol and Nongmeikapam Kotiswar Singh upheld a Bombay High Court decision rejecting a plea for default bail filed on...

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What Happened

  • A Supreme Court bench of Justices Sanjay Karol and Nongmeikapam Kotiswar Singh upheld a Bombay High Court decision rejecting a plea for default bail filed on the ground that the accused was not supplied a copy of the chargesheet within the statutory timeline.
  • The bench held that the right to default bail under Section 187(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) is triggered only by the failure to file the chargesheet itself within the prescribed 60 or 90 days — not by subsequent procedural lapses such as failure to supply copies to the accused.
  • The court drew a clear distinction between the filing of the chargesheet (which stops the default bail clock) and the supply of copies of the chargesheet to the accused (a separate procedural obligation under Section 193(8) BNSS).
  • Once a valid chargesheet is filed within the prescribed period, the accused's indefeasible right to default bail ceases, regardless of whether they have received a copy.
  • The ruling clarifies the scope of a foundational personal liberty protection under the new criminal procedure law.

Static Topic Bridges

Default Bail — The Indefeasible Right Under Section 187 BNSS (formerly Section 167 CrPC)

Default bail (also called "statutory bail" or "bail by default") is a right that accrues to an accused person when the investigating agency fails to file a chargesheet within the statutory time limit for completing investigation. It is not a discretionary bail granted on merits — it is a mandatory right that switches on automatically the moment the deadline is missed. Section 187(3) of the BNSS, 2023 (which replaced Section 167(2) of the Code of Criminal Procedure, 1973) codifies this right.

  • 90 days: Applies when the offence is punishable with death, life imprisonment, or imprisonment of ten years or more.
  • 60 days: Applies to all other offences falling under investigation.
  • The right arises the very moment the stipulated period expires without a chargesheet being filed, provided the accused applies for bail and is prepared to furnish bail.
  • Once the right has accrued (chargesheet not filed within time), it becomes "indefeasible" — it cannot be taken away by the subsequent filing of the chargesheet, unless the accused has not yet applied for bail.
  • The Supreme Court in Sanjay Dutt v. State (1994) and subsequent rulings established that once the right accrues and the accused applies for bail, the court must release them on bail.
  • BNSS, 2023 replaced the CrPC, 1973; Section 187 BNSS corresponds to Section 167 CrPC.

Connection to this news: The Supreme Court reaffirmed that the sole trigger for default bail is non-filing of the chargesheet within the deadline — clarifying that procedural steps following filing (such as providing copies) do not re-open or extend the default bail window.

The BNSS 2023 and Criminal Procedure Reform

The Bharatiya Nagarik Suraksha Sanhita, 2023, enacted as part of a comprehensive overhaul of India's colonial-era criminal procedure laws, replaced the Code of Criminal Procedure, 1973. It came into force on July 1, 2024. Along with the Bharatiya Nyaya Sanhita, 2023 (replacing the Indian Penal Code, 1860) and the Bharatiya Sakshya Adhiniyam, 2023 (replacing the Indian Evidence Act, 1872), the BNSS forms the new trifecta of Indian criminal law.

  • BNSS enacted: 2023; in force: July 1, 2024.
  • Section 187 BNSS corresponds to Section 167 CrPC — custody, remand, and default bail.
  • Section 193 BNSS governs the filing of the charge sheet (called "report" or "police report") and its supply to the accused.
  • Section 193(3) BNSS: Prescribes the form in which the chargesheet must be filed.
  • Section 193(8) BNSS: Requires supply of copies of the chargesheet to the accused — a distinct obligation from the chargesheet filing itself.
  • The Supreme Court ruled that failure to comply with Section 193(8) does not invalidate the chargesheet or revive the default bail right.

Connection to this news: The ruling interprets a live question under the BNSS, 2023: whether the new law's chargesheet copy-supply obligation alters the existing default bail jurisprudence. The Supreme Court held it does not.

Article 21 — Right to Personal Liberty and Procedural Safeguards

Article 21 of the Constitution guarantees that no person shall be deprived of life or personal liberty except according to procedure established by law. The Supreme Court has over decades read into Article 21 a rich body of rights: the right to speedy trial (Hussainara Khatoon, 1979), the right against arbitrary detention, and the procedural fairness doctrine. The default bail right under Section 187(3) BNSS is constitutionally anchored in Article 21 — the provision operates as a mandatory enforcement mechanism ensuring that the State cannot hold an accused in custody indefinitely without completing its investigation.

  • Article 21: "No person shall be deprived of his life or personal liberty except according to procedure established by law."
  • Hussainara Khatoon v. State of Bihar (1979): Supreme Court held that the right to speedy trial is implicit in Article 21.
  • Default bail is not a concession from the State — it is a constitutionally-backed right; any procedural mechanism that circumvents it would be subject to Article 21 scrutiny.
  • The Supreme Court has consistently held that the right to default bail, once accrued, is an "indefeasible" right — courts have no discretion to deny it if the chargesheet was not filed in time.
  • The current ruling does not dilute Article 21 protection: it clarifies the precise trigger (non-filing of chargesheet), not the strength of the right once triggered.

Connection to this news: The ruling delineates the boundaries of the Article 21-backed default bail right — confirming that it protects against investigative delay (failure to file chargesheet) but not against subsequent procedural deficiencies (failure to supply copies), which have separate remedies.

Key Facts & Data

  • Court: Supreme Court of India — Bench of Justices Sanjay Karol and Nongmeikapam Kotiswar Singh (N.K. Singh)
  • Ruling: Non-supply of chargesheet copies is not a ground for default bail under BNSS, 2023
  • Relevant provision: Section 187(3) BNSS (corresponds to Section 167(2) CrPC, 1973)
  • Copy-supply obligation: Section 193(8) BNSS — distinct from the chargesheet filing requirement
  • Time limits for default bail: 90 days (death/life/10-year offences); 60 days (all other offences)
  • BNSS, 2023 in force: July 1, 2024
  • Replaces: Code of Criminal Procedure, 1973 (CrPC)
  • Co-enacted laws: Bharatiya Nyaya Sanhita, 2023 (replaces IPC 1860); Bharatiya Sakshya Adhiniyam, 2023 (replaces Indian Evidence Act 1872)
  • Constitutional anchor: Article 21 (Right to Life and Personal Liberty)
  • Landmark precedent on default bail: Sanjay Dutt v. State (1994) — once right accrues and accused applies for bail, release is mandatory
  • Hussainara Khatoon v. State of Bihar (1979) — right to speedy trial under Article 21
On this page
  1. What Happened
  2. Static Topic Bridges
  3. Default Bail — The Indefeasible Right Under Section 187 BNSS (formerly Section 167 CrPC)
  4. The BNSS 2023 and Criminal Procedure Reform
  5. Article 21 — Right to Personal Liberty and Procedural Safeguards
  6. Key Facts & Data
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