When does default bail become a right under BNSS?
Default (statutory) bail becomes a right under Section 481 of the BNSS, 2023 when the investigating agency fails to file the chargesheet within the prescribed period — 60 or 90 days depending on the offence — and the accused is in custody. It is not discretionary once the right has accrued.
Legal Explanation
The right to default bail accrues the moment the statutory period expires without a chargesheet. If the accused applies before the chargesheet is filed, the court must release them on bail. The right is extinguished if the chargesheet is filed before the application is moved.
Procedure
- 1Confirm the date of arrest and the applicable statutory period.
- 2Confirm whether the chargesheet has been filed within time.
- 3File an application for default bail under Section 481 BNSS.
- 4The court releases the accused on bail if the right has accrued.
Jurisdiction
Magistrate and Sessions Courts in UP; High Court in revision.
Important Limitations
The right is lost if the chargesheet is filed before the application. Extension of time is limited and offence-specific.
Legal References
- BNSS, 2023 — Section 481 — Default bail