Two of the most powerful and least understood bail routes arise not from the merits of the case but from the clock: default bail, and bail for long-serving undertrial prisoners.

Default (statutory) bail: Section 187 BNSS

Section 187 BNSS (earlier Section 167(2) CrPC) limits how long a person can be remanded while the investigation continues. If the police fail to file a charge sheet within 60 days, or 90 days where the offence is punishable with death, life imprisonment or imprisonment of ten years or more, the accused is entitled to be released on bail if prepared to furnish it. The Supreme Court has held in cases such as Uday Mohanlal Acharya v. State of Maharashtra (2001) and Rakesh Kumar Paul v. State of Assam (2017) that this is an indefeasible right which must be claimed before the charge sheet is filed.

In Ritu Chhabaria v. Union of India (2023), the Court held that an incomplete charge sheet filed only to defeat default bail does not extinguish that right.

Undertrial detention: Section 479 BNSS

Section 479 BNSS (earlier Section 436A CrPC) provides that an undertrial who has served up to one-half of the maximum sentence for the offence should be released on bail. The BNSS reduces this to one-third for a first-time offender, subject to conditions, and excludes offences punishable with death or life imprisonment. The Supreme Court in 2024 directed prison authorities to apply the benefit to eligible pending cases as well, as reported.

Practical steps

• Note the date of first remand, since the 60 or 90-day count starts from there.
• File the default bail application immediately on expiry, before any charge sheet is filed.
• For undertrials, ask the jail authorities and the court to compute eligibility and consider legal aid.

A missed deadline can cost months of liberty. Speak to an advocate early.

Need Guidance? Contact KC LEGAL

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This article is for general information only and is not legal advice. Law and procedure change; please verify the current position for your specific case. Last reviewed: November 2026.