Default Bail Not Available for Non-Supply of Charge Sheet Copies: Supreme Court
A Supreme Court bench of Justices Sanjay Karol and NK Singh ruled that an accused cannot claim default bail merely because copies of the charge sheet or related documents were not supplied to them within the stipulated time period.
The court held that the right to default bail under Section 187(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 is triggered only when the investigating agency fails to file the charge sheet itself within the prescribed period of 60 or 90 days — not by subsequent procedural lapses in document supply.
The bench clarified that non-compliance with Section 193(8) of the BNSS — which requires the investigating officer to submit additional copies of the police report for supply to the accused — does not invalidate the charge sheet or revive the right to statutory bail.
The ruling (2026 INSC 666, in Shaurya Sunil Kumar Singh v. CBI) distinguishes between the substantive obligation to file the charge sheet within time and the procedural obligation to supply copies.
Default Bail (Statutory Bail): Section 187 BNSS / Section 167 CrPC
Default bail, also called statutory bail, is the right of an accused person to be released from custody when the investigating agency fails to file a charge sheet (police report/final report) within the statutory deadline after arrest. This right is enshrined in Section 167(2) of the Code of Criminal Procedure, 1973 (CrPC) — and its successor provision Section 187(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. The provision is mandatory: if the charge sheet is not filed in time and the accused applies for bail, the court has no discretion — it must grant bail. The time limits are: 60 days for offences punishable with imprisonment up to 10 years; 90 days for offences punishable with death, life imprisonment, or imprisonment for not less than 10 years.
Key Details
- Section 187(3) BNSS (previously Section 167(2) CrPC) — the provision for default bail.
- Time limits: 60 days (lighter offences) or 90 days (grave offences: death/life/10+ years imprisonment).
- The right is indefeasible: it cannot be defeated by filing an incomplete or preliminary charge sheet without completing the investigation (confirmed in earlier Supreme Court judgments).
- Once the accused makes the bail application before charge sheet is filed, the right crystallises — it cannot be taken away by a subsequently filed charge sheet.
- Section 193(8) BNSS — requires the investigating officer to submit additional copies of the police report for supply to the accused.
The Supreme Court has drawn a clear line: the substantive trigger for default bail is the failure to file the charge sheet within the deadline. Procedural failures downstream (like non-supply of copies under Section 193(8)) do not retroactively create this right. This prevents tactical misuse of procedural omissions to claim bail.
Article 21: Right to Personal Liberty and the Constitutional Status of Default Bail
Article 21 of the Indian Constitution guarantees: "No person shall be deprived of his life or personal liberty except according to procedure established by law." The Supreme Court has interpreted this expansively since Maneka Gandhi v. Union of India (1978), holding that the procedure must be "just, fair, and reasonable" — linking Articles 14, 19, and 21 as a golden triangle. The right to bail has been held to be a component of personal liberty under Article 21. In this context, the Supreme Court has repeatedly held that default bail under Section 167(2) CrPC is not merely a statutory right but flows from Article 21 itself — making it a fundamental right when the conditions for it are met.
While affirming the constitutional sanctity of default bail, the court's ruling also prevents its misuse. The distinction between a substantive failure (no charge sheet filed in time) and a procedural lapse (copies not supplied) is critical for balancing individual liberty with effective investigation.
Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023: Replacing CrPC
The Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 is the replacement for the Code of Criminal Procedure, 1973 (CrPC). It came into force on July 1, 2024. Alongside it, the Bharatiya Nyaya Sanhita (BNS), 2023 replaced the Indian Penal Code, 1860 (IPC), and the Bharatiya Sakshya Adhiniyam (BSA), 2023 replaced the Indian Evidence Act, 1872. The three new codes together overhauled India's criminal justice framework. The BNSS broadly retains the structure of the CrPC but introduces provisions for trial in absentia, timelines for trials and judgments, and recognition of electronic records.
The ruling interprets Section 187(3) and Section 193(8) of the BNSS — provisions that have direct CrPC antecedents. For UPSC preparation, understanding the section-level mapping between CrPC and BNSS is important, as questions may reference either the old or new provision numbers.
- Default bail provision: Section 187(3) BNSS (previously Section 167(2) CrPC).
- Time limits for default bail: 60 days (offences up to 10 years imprisonment); 90 days (offences punishable with death, life, or 10+ years imprisonment).
- Case citation: 2026 INSC 666 — Shaurya Sunil Kumar Singh v. CBI.
- Bench: Justices Sanjay Karol and NK Singh.
- Section 193(8) BNSS — investigating officer's obligation to supply additional charge sheet copies to the accused (procedural provision).
- BNSS in force from: July 1, 2024 (replacing CrPC, 1973).
- Maneka Gandhi v. Union of India (1978) — established that procedure under Article 21 must be just, fair, and reasonable.
- "Bail is the rule, jail is the exception" — State of Rajasthan v. Balchand (1977).
- Article 21 — right to life and personal liberty; Article 22 — protections against arbitrary arrest.