According to Section 187 (3) of the BNSS, a Magistrate cannot detain an accused in custody under this provision for a total period exceeding:

1. Ninety days for offenses punishable by death, life imprisonment, or imprisonment for ten years or more.
2. Sixty days for all other offenses.

After the expiration of the specified period (90 days or 60 days), the accused must be released on bail if they are willing and able to provide it.

Default bail is a specific type of bail that operates as a safeguard against prolonged detention without trial. It is also referred to as 'statutory bail' or 'compulsory bail,' highlighting its legal basis and mandatory nature. This type of bail kicks in when investigative agencies fail to complete their investigation and file a charge sheet within a stipulated timeframe.

The law prescribes specific time limits for filing charge sheets, depending on the severity of the offense. For crimes punishable by death, life imprisonment, or imprisonment exceeding ten years, the charge sheet must be filed within 90 days of an individual's arrest. In cases of other offenses, the charge sheet has to be submitted within 60 days.

Should the investigation remain incomplete and the charge sheet not filed within the designated period, the accused individual becomes eligible for default bail. This is a legal right, and the accused must apply for it once the prescribed time frame expires. The court is legally obligated to grant bail, provided the accused is willing to furnish the required bail bonds.

Default bail essentially ensures that individuals are not detained indefinitely without a formal trial. It acts as a mechanism to protect individual liberty and prevent arbitrary detention, ensuring that the legal process unfolds in a timely and fair manner.

Default bail is a legal mechanism that allows an accused individual to be released from custody after being charged with an offense. It is granted upon the fulfilment of certain conditions, such as providing bail bonds and sureties as determined by the court.

The specific conditions of bail, including the bail bond amount and any additional stipulations, are established by the court during the bail hearing. The purpose of these conditions is to ensure that the accused appears for scheduled court dates and complies with the terms of their release.

In the event that an accused individual is entitled to default bail but is denied, they have the right to challenge such denial in a higher court. The right to default bail is a fundamental aspect of the Indian legal system, and any wrongful denial may be contested.

Default bail serves a vital role in safeguarding the rights of the accused. It prevents investigative authorities from unnecessarily delaying the investigation process and ensures that the accused's liberty is not infringed upon beyond the permissible period without proper judicial review.

Written By: Md.Imran Wahab, IPS, IGP, Provisioning, West Bengal
Email: [email protected], Ph no: 9836576565