Chargesheet Deadline 60/90 Days: How Default Bail Works in India

If police do not file a chargesheet within the legally required time after arrest, the accused has the right to apply for default bail — also called statutory bail. This right comes from Section 187 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), which replaced the Code of Criminal Procedure (CrPC) in July 2024. The equivalent provision under the old CrPC was Section 167.

What is the chargesheet deadline?

The deadline is 60 days from the date of arrest for most offenses. For offenses punishable with death, life imprisonment, or imprisonment of not less than 10 years, the deadline is 90 days. The clock starts on the date of arrest, not the date of first court appearance.

What is default bail?

Default bail is a right the accused earns automatically if the chargesheet deadline passes without a chargesheet being filed. It is not a favour granted by the court — it is a statutory right under Section 187 of the BNSS (formerly Section 167 of the CrPC). Courts cannot deny it if the conditions are met.

Is default bail automatic?

No. The right arises automatically, but the accused or their lawyer must file an application in the relevant court claiming it. The accused must also be prepared to furnish bail bond. If the application is not filed — or if a chargesheet is filed before the application is moved — the right can lapse.

Who should you approach and when?

Approach the court before which the accused is being remanded, as soon as the 60- or 90-day deadline passes without a chargesheet. Do not wait. If a chargesheet is filed even one day before you file the application, the right to default bail on that ground is extinguished.

The single most common reason people miss this right: they don’t track the arrest date. Write it down from day one.

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