How to Get Default (Statutory) Bail Under the BNSS (Section 187) (2026)
How to claim default (statutory) bail under Section 187 of the BNSS when the police do not file the charge sheet in 60 or 90 days: when the right arises, how to apply, and the mistakes that lose it. Last verified October 2026.
How-to · BNSS Procedure · Bail
A person is in custody while the police investigate. The law gives the police a fixed time to finish and file the charge sheet. If they miss that deadline, the accused does not have to stay in jail waiting. They get an automatic right to bail, called default bail or statutory bail, no matter how serious the offence. This guide explains how to claim default bail under Section 187 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which carries forward the right that used to sit in the proviso to Section 167(2) of the old Code of Criminal Procedure. It covers when the right arises, how to apply, and how it is lost. Last verified October 2026.
- Section: Section 187 BNSS, which carried the default bail right over from the proviso to Section 167(2) CrPC.
- Deadline: 90 days for offences punishable with death, life, or at least 10 years; 60 days for other offences.
- When it arises: on expiry of the period, if the charge sheet is not filed and the accused applies and is ready to furnish bail.
- How it is lost: if the charge sheet is filed before the accused applies, the right usually goes.
- Tracking: Claw tracks custody timelines across 9,102 forums and searches 30 crore+ judgments in under 5 seconds.
01Custody has a time limit
When a person is arrested, the investigation does not end at once. The accused can be kept in custody while the police complete it. But custody before trial cannot go on forever. If it did, a person could be held for months or years with no charge sheet and no trial.
Default bail is the safeguard. It puts a hard clock on investigation custody. If the police do not file the charge sheet within the set number of days, the accused earns a right to be released, whatever the offence. It is not a reward for a weak case; it is a check on delay.
02What Section 187 BNSS is
Section 187 of the BNSS deals with the custody of an accused during investigation and sets the time within which the investigation must be completed, failing which the accused is entitled to be released on bail. That release is default bail.
Section 187 corresponds to Section 167 of the old Code of Criminal Procedure, and the default bail right carried over from the proviso to Section 167(2). The idea is the same: custody during investigation is capped, and crossing the cap triggers a right to bail.
| Old law (CrPC, 1973) | New law (BNSS, 2023) | Change |
|---|---|---|
| Section 167(2) proviso, default bail | Section 187, custody and default bail | Renumbered; the time-based default bail right is retained. Some features of custody were restructured |
For the custody and remand side, see remand and police custody under Section 187 BNSS. For the older provision, see Section 167 CrPC default bail.
03The 60 and 90 day limits
The deadline depends on how serious the offence is:
| Offence | Time to file charge sheet | If missed |
|---|---|---|
| Punishable with death, imprisonment for life, or imprisonment of not less than 10 years | 90 days | Accused entitled to default bail |
| Any other offence | 60 days | Accused entitled to default bail |
The count runs from the date the accused was first remanded to custody. If the charge sheet is not filed by the last day, the right to default bail arises the moment the period ends, provided the accused applies and is ready to furnish bail.
04When the right arises and how to claim it
Default bail is not automatic in the sense that the jail gate opens on its own. The right arises on the expiry of the period, but the accused must claim it by applying, and must be prepared to furnish bail. The right is strongest in the window after the deadline passes and before the charge sheet is actually filed.
Default bail is a race against the charge sheet. If you apply after the period ends but before the charge sheet is filed, the right is firm. File the application the moment the clock runs out.
05The step-by-step process
- Track the custody date. Note the date of first remand and count 60 or 90 days, depending on the offence.
- Check whether the charge sheet is filed. On the deadline, confirm with the court record whether the police have filed the charge sheet or final report.
- File the default bail application at once. If the deadline has passed and no charge sheet is on record, file an application before the court that remanded the accused, stating that the period has expired and the accused is ready to furnish bail.
- State readiness to furnish bail. Make clear in the application that the accused is prepared to and will furnish the bail the court fixes. This readiness is what perfects the right.
- Press for an immediate order. Ask the court to fix terms and release the accused, because the right crystallises on expiry of the period.
- Furnish the bond and sureties. Complete the bail formalities the court sets so the release actually happens.
06How default bail is lost
Timing is everything. If the police file the charge sheet before the accused applies for default bail, the right is generally lost, because the investigation is then complete and the court can consider cognizance and regular bail instead.
So the practical rule is to apply the instant the period ends. Do not wait to see if the charge sheet comes, because once it is filed, the default bail window usually closes.
07Common pitfalls
- Miscounting the days. The start date and the 60 or 90 day split decide the right. Get the count wrong and the application is premature or too late.
- Waiting past the charge sheet. Applying after the charge sheet is filed usually loses the right. Apply the day the period ends.
- Not stating readiness to furnish bail. The right is perfected by applying and being ready to furnish bail; a silent or half-made claim can fail.
- Ignoring special statutes. Some laws, such as certain special offences, have longer periods. Check the specific statute.
- Treating it as a comment on merits. Default bail is about delay, not innocence. It can be cancelled on separate grounds, so comply with any conditions.
For the wider bail picture, see the types of bail, undertrial detention under Section 479 BNSS, and the charge sheet under Section 193 BNSS.
08Where Claw fits
Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.
Default bail is won or lost on dates: the day of first remand, the 60 or 90 day cut-off, and whether the charge sheet landed before the application. A single miscount can cost a client their liberty. Claw helps you stay on top of that clock. You can follow the custody matter, the remand orders and the next date by party or advocate name across 9,102 courts, benches and forums, and you can search 30 crore+ judgments on default bail in under 5 seconds, with Supreme Court rulings from 1950 and High Court rulings from 1990 on hand to cite the right authority.
Claw does not file the application for you and does not replace legal advice; it keeps the timeline tracked and the law at hand, and it does not use customer case documents to train AI models. Sign up for a free Claw account to track the custody clock and search default bail authority by party or advocate name.
09Sources and further reading
- India Code (official text of the BNSS): indiacode.nic.in
- Ministry of Home Affairs (new criminal laws): mha.gov.in
- Supreme Court of India (judgments): sci.gov.in
- Claw: clawlaw.in
This guide is general information, not legal advice. The periods and the exact text can vary under special statutes, so read Section 187 BNSS and the relevant law as they stand on the day you apply and take advice from counsel.
10Frequently asked questions
What is default bail under the BNSS?
Default or statutory bail is the right of an accused to be released when the police fail to file the charge sheet within the set time. Under Section 187 BNSS, that is 90 days for the gravest offences and 60 days for others. It applies whatever the offence.
How many days does the investigation have?
Ninety days for offences punishable with death, imprisonment for life, or imprisonment of not less than ten years, and sixty days for any other offence. The count runs from the date of first remand to custody.
Is default bail automatic once the time ends?
The right arises on expiry of the period, but it is not self-executing. The accused must apply and must be ready to furnish bail. The right is firm if the application is made after the deadline and before the charge sheet is filed.
What happens if the charge sheet is filed late but before I apply?
The default bail right is generally lost once the charge sheet is on record, because the investigation is complete and the court moves to cognizance and regular bail. That is why you should apply the moment the period ends.
Does default bail apply to serious offences?
Yes. Default bail is available whatever the offence, because it is about the delay in filing the charge sheet, not the gravity of the crime. Some special statutes, however, set longer periods, so check the specific law.
Can Claw help me watch the deadline?
Yes. Claw follows the custody matter and the remand dates across 9,102 courts, benches and forums by party or advocate name, and lets you search 30 crore+ judgments on default bail, from Supreme Court rulings since 1950 and High Court rulings since 1990, in under 5 seconds. It does not file the application or give legal advice.