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
What This Covers
Confirm the date of arrest and the applicable statutory period.
Confirm whether the chargesheet has been filed within time.
File an application for default bail under Section 481 BNSS.
The court releases the accused on bail if the right has accrued.