Default-bail clock

60 or 90 days from the first remand — the day bail becomes a right if no charge-sheet is filed.

BNSS s.187(3) (formerly CrPC s.167(2)): 90 days for offences punishable with death, life or ten years or more, 60 days for the rest. The remand day counts as day one. The application must be made before the charge-sheet is filed.

What the procedure allows

Each answer cites the Bharatiya Nagarik Suraksha Sanhita (BNSS) first, with the old Code of Criminal Procedure (CrPC) section in brackets.

Cases registered on or after 1 July 2024 run under the BNSS. No case date was given, so this is inferred from the sections cited.

  • Default bail

    Yes

    If the police report (charge-sheet) is not filed within 90 days of the first remand, bail becomes a right — the day of remand counts as day one.

    BNSS s.187(3) (CrPC s.167(2))Because of: BNS s.64

  • Release of an undertrial

    No

    Not available where death or life imprisonment is a punishment.

    BNSS s.479 (CrPC s.436A)Because of: BNS s.64

What happens next

  1. The FIR

    Information about a cognizable offence is recorded as an FIR, and a copy is given at once, free, to the informant or the victim. For offences of three to seven years the police may, with a DSP's permission, hold a preliminary enquiry of up to 14 days first (new in the BNSS).

    BNSS s.173(2) (CrPC s.154(2))BNSS s.173(3)

  2. Notice or arrest

    For offences up to seven years a notice to appear comes first, unless reasons for arrest are recorded. A person arrested must be told the grounds of arrest and the right to bail.

    BNSS s.35(3) (CrPC s.41A)BNSS s.47 (CrPC s.50)

  3. Before a Magistrate within 24 hours

    A person arrested without a warrant may not be held more than 24 hours, travel time excluded, without a Magistrate's order.

    BNSS s.58 (CrPC s.57)

  4. Remand

    Police custody is limited to 15 days in all, at once or in parts, within the first 40 or 60 days of the 60- or 90-day period. The rest is judicial custody.

    BNSS s.187(2) (CrPC s.167(2))

  5. Police report (charge-sheet)

    When the investigation ends the police report goes to the Magistrate. If it is not filed within 90 days of the first remand, default bail is a right. The police must tell the victim how the investigation is progressing within 90 days.

    BNSS s.193 (CrPC s.173)BNSS s.187(3) (CrPC s.167(2))

  6. Cognizance, charge and trial

    The court takes cognizance and frames the charge. An application for plea bargaining must be made within 30 days of the charge being framed (the CrPC had no such limit).

    BNSS s.290 (CrPC s.265B)

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