| R & D Law Chambers LLP
Practice is led by Ravish Bhatt | Advocate, Bar Council of Gujarat (G/504/2008) | Dual-qualified lawyer (India and England and Wales) | Solicitor of England and Wales (non-practising), SRA Registration No. 492 477 | ADIT, Chartered Institute of Taxation, London Published: 05 November 2026 | Last reviewed: 05 November 2026 |
This page is written against the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), in force from 1 July 2024, which replaced the Code of Criminal Procedure, 1973. Default bail is now in section 187(3) BNSS; former section numbers appear in brackets. It describes the general law and Gujarat practice and is not legal advice on any specific matter.
Default bail under section 187(3) BNSS is won or lost on dates, not on the merits. The right accrues automatically when the police miss the statutory deadline of 60 or 90 days. But it is indefeasible only if the accused applies for it before the police report is filed. The decisive act is applying the moment the clock runs out, because a report filed later can close the window if the right was not already claimed.
This page is part of the firm’s criminal defence practice.
1. What default bail is
Default bail, also called statutory or compulsive bail, is the accused’s right under section 187(3) BNSS, formerly section 167(2) CrPC, to be released when the investigation is not completed and the police report is not filed within the statutory period. It is not discretionary. The court does not weigh the merits; the right follows from the delay.
The Supreme Court has repeatedly described this as an indefeasible right traceable to the personal liberty guaranteed by Article 21 of the Constitution. In M. Ravindran v. Intelligence Officer, Directorate of Revenue Intelligence, (2021) 2 SCC 485, the Court set out in detail when the right accrues, how long it remains enforceable and when it extinguishes, treating it as a component of Article 21 rather than a mere procedural concession. The magistrate is bound to release the accused once the conditions are met and the right is claimed.
2. The 60 and 90 day periods
The period is 90 days where the offence is punishable with death, imprisonment for life, or imprisonment for a term of not less than ten years. For every other offence it is 60 days. On expiry, if the police report is not filed, the accused who is in custody and furnishes bail is entitled to be released.
The phrase “not less than ten years” matters. In Rakesh Kumar Paul v. State of Assam, (2017) 15 SCC 67, the Supreme Court held that it means a minimum sentence of ten years, so an offence whose maximum punishment is ten years but whose minimum is lower falls in the 60 day bracket, not the 90 day one. Getting the category right decides the deadline, and the deadline decides the application.
3. When the clock starts, and when it stops
The period runs from the date the accused is first remanded to custody, and it stops when the police report under section 193 BNSS, formerly the chargesheet under section 173 CrPC, is filed. The computation is strict, and the right crystallises on the expiry of the period if the report has not been filed by then.
The exact computation can be contested, and small errors change the result. In M. Ravindran the Court noted that the date of remand is treated as part of the period for this purpose. What is not in doubt is that the filing of the police report stops the clock: once it is filed, the default-bail window closes unless the right has already been claimed. That is why the date of filing and the date of the application are the two facts that decide these cases.
4. The decisive rule: apply before the report is filed
The right is indefeasible only if the accused applies for default bail before the police report is filed. Once the application is made on an accrued right, a report filed afterwards does not defeat it. An application can be made orally; a formal petition is not required for the right to be claimed.
In Rakesh Kumar Paul v. State of Assam, (2017) 15 SCC 67, the Supreme Court held that even an oral application for default bail suffices, because the provision protects personal liberty and should not be defeated by form. In M. Ravindran v. Intelligence Officer, (2021) 2 SCC 485, the Court held that once the right has been availed by filing an application, the subsequent filing of a chargesheet, an additional complaint or a report seeking extension of time does not extinguish it. The lesson is operational: apply the day the period expires, and do not wait.
5. Does a report filed after the application defeat the right?
No. Where the accused has already applied for default bail on an accrued right, a police report filed afterwards, or an additional complaint, or a report seeking extension of time, does not defeat the right. The right is tested as at the date of the application, not the date the court hears it.
This is the direct holding of M. Ravindran: the indefeasible right, once availed, continues to remain enforceable notwithstanding the pendency of the application or the subsequent filing of a chargesheet or additional complaint. The prosecution cannot use a late or partial filing to overtake an application already made. Conversely, where the accused did not apply and the report is then filed, the right is lost, and the accused is relegated to regular bail on the merits.
6. Default bail under special statutes
Special statutes extend the periods. Under the Narcotic Drugs and Psychotropic Substances Act, 1985 the period can be extended to 180 days on a report of the Public Prosecutor, and the Unlawful Activities (Prevention) Act, 1967 has its own extended regime. The right survives, but the deadline and the extension machinery are set by the statute.
Both Rakesh Kumar Paul and M. Ravindran arose in this terrain, and both confirm that the default-bail right applies under the special statutes, subject to the statute’s own periods and to any requirement of notice before an extension is granted. For an accused in such a matter, the application must be timed to the statutory period, not the ordinary 60 or 90 days, and the validity of any extension order is itself open to challenge.
7. Default bail compared with regular bail
Default bail turns on dates; regular bail turns on the merits. Default bail is a statutory right that the court cannot refuse once the conditions are met and the right is claimed. Regular bail is a discretionary remedy decided on the gravity of the offence, the risk of absconding and the risk of tampering. They are different remedies, sought on different grounds.
An accused who misses the default-bail window is not without a remedy; the route simply changes to regular bail, argued on the merits. Regular bail under section 483 BNSS, on the Satender Kumar Antil framework, is dealt with on a separate page.
8. What to file, and when, in Gujarat
The application is made before the court in which the accused is in custody, the moment the statutory period expires without a police report, with a readiness to furnish the bail the court directs. Speed is the whole point: the application should be on record before the police report is filed.
In practice the application identifies the date of first remand, the applicable period, the fact that no police report has been filed, and the accused’s readiness to furnish bail. Because an oral application suffices, there is no reason to delay for drafting; the claim can be made and then supported in writing. The object is to place the claim on record before the window closes.
Default, regular and anticipatory bail compared
| Feature | Default (s.187(3) BNSS) | Regular (ss.483 / 480 BNSS) | Anticipatory (s.482 BNSS) |
| Basis | Dates: investigation not completed in time | Merits and judicial discretion | Apprehension of arrest, before arrest |
| Can the court refuse? | No, once conditions met and right claimed | Yes, on the merits | Yes, on the merits |
| When sought | On expiry of 60 or 90 days | After arrest | Before arrest |
| Decisive factor | Timing of the application | Gravity, flight risk, tampering | Reasoned apprehension of arrest |
Frequently asked questions
What is the difference between 60 and 90 days for default bail?
The period is 90 days where the offence is punishable with death, imprisonment for life or imprisonment of not less than ten years, and 60 days for all other offences. In Rakesh Kumar Paul the Supreme Court held that “not less than ten years” means a minimum of ten years, so an offence with a maximum of ten years but a lower minimum is in the 60 day bracket.
When does the right to default bail arise?
It arises automatically on the expiry of the statutory period if the police report has not been filed and the accused is in custody. The accused must then apply and be ready to furnish bail. The right is tested as at the date of the application.
Can I apply for default bail orally?
Yes. In Rakesh Kumar Paul the Supreme Court held that an oral application suffices, because the provision protects personal liberty. A formal written petition is not required for the right to be claimed, though it is usually supported in writing.
Does filing of the chargesheet after my application defeat default bail?
No. Once the right has been availed by applying on an accrued right, a chargesheet, additional complaint or extension report filed afterwards does not extinguish it, following M. Ravindran. The right is lost only if the report is filed before any application is made.
Does default bail apply in NDPS or UAPA cases?
Yes, but the periods are different. The NDPS Act allows extension up to 180 days on a Public Prosecutor’s report, and the UAPA has its own extended regime. The right survives subject to the statute’s periods and extension machinery, and the validity of an extension can be challenged.
I missed the default bail window. What now?
The remedy changes to regular bail under section 483 BNSS, argued on the merits: the gravity of the offence, the risk of absconding and the risk of tampering. Missing the statutory window does not end the matter; it changes the test.
How R & D Law Chambers works on these matters
R & D Law Chambers LLP advises on and appears in default-bail applications before the Sessions Courts across Gujarat and the Gujarat High Court at Ahmedabad, including matters under the special statutes where the periods and extension machinery differ. The practice is led by Ravish Bhatt.
Related reading: the firm’s criminal defence overview, its work before the Gujarat High Court, and its economic offences and fiscal criminal defence page. Separate pages deal with regular bail under section 483 BNSS and with anticipatory bail under section 482 BNSS.
This page is general information on Indian criminal procedure and Gujarat practice, not legal advice. Default bail turns on precise dates in each case. For advice on a specific matter, consult an advocate.