Default bail
Also called: statutory bail
The right of an arrested person to be released on bail if the police do not file the chargesheet within 60 or 90 days, depending on the offence. It is under Section 187 of the BNSS.
Default bail (also called statutory bail) is a right, not a favour. If the investigation is not completed and the chargesheet is not filed within the time the law allows, the accused in custody must be released on bail if they apply and are ready to furnish bail.
The law behind it
Section 187 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which replaced Section 167 of the old CrPC, limits how long an accused can be detained during investigation: 90 days for offences punishable with death, life imprisonment or imprisonment of ten years or more, and 60 days for other offences. Once the period ends without a chargesheet, the accused can claim default bail. Special laws, such as the UAPA and the NDPS Act, allow longer periods in some cases.
How to claim it
- Count the days of custody from the date of the first remand.
- Apply for bail on the day after the period ends, before the chargesheet is filed.
- Be ready to furnish the bail bond and sureties the court fixes.
Apply promptly
The right must be claimed in time. Courts have held that if the chargesheet is filed before the accused applies, the right is lost; an application already made should be decided first.
Draft a default bail application, and read default bail under Section 187 of the BNSS.
Checked against the sources below on 7 November 2026 IST. General information about Indian law, not legal advice for your case.
Documents that use this term
Guides that explain more
- Default Bail Under BNSS Section 187: When Police Miss the Deadline
If the police do not file a charge sheet within 60 or 90 days of remand, the accused gets a right to bail that does not depend on the merits. The right is lost if it is not claimed in time.