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Default Bail Under BNSS Section 187: Comprehensive Guide with Latest High Court Rulings (2026)
Introduction
The enactment of the Bharatiya Nagarik Suraksha Sanhita, 2023 marks a structural shift in India’s criminal procedure regime, replacing the Code of Criminal Procedure, 1973. Section 187 BNSS governs remand and investigation timelines, embedding within it the doctrine of default bail (statutory bail)—a critical safeguard against investigative delay.
Default bail operates as a procedural enforcement of personal liberty, ensuring that the State cannot detain an accused indefinitely without completing investigation.
2. Statutory Framework of Default Bail under Section 187 BNSS (2023)
The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) came into force on 1 July 2024, replacing the CrPC, 1973. Section 187 BNSS is the successor to Section 167 CrPC, governing custody, investigation timelines, and default bail.
Section 187(1) BNSS — Production before Magistrate
If investigation cannot be completed within 24 hours, the accused must be produced before the Magistrate along with case diary records when the accusation is well-founded.
Section 187(2) BNSS — Police Custody Framework
BNSS introduces a restructured police custody system:
- Up to 15 days total police custody (same as CrPC)
- Custody may be granted in parts, not only in one block
- Must be exercised within:
- 40 days (60-day cases) or
- 60 days (90-day cases)
The 40/60-day period is only a custody window, not the duration of detention.
Section 187(3) BNSS — Default Bail Provision
Default bail arises if investigation is not completed within:
- 90 days: offences punishable with death, life imprisonment, or ≥10 years
- 60 days: all other offences
On expiry, the accused must be released on bail if ready to furnish surety.
Key Change from CrPC to BNSS
BNSS replaces the phrase “not less than ten years” with “ten years or more”. Courts (e.g., Kalandar Shafi, Karnataka HC, 2024) have held both expressions carry the same meaning, though final Supreme Court clarity is still pending due to conflicting High Court views.
Section 187(9) BNSS — Investigation Beyond 6 Months
If investigation extends beyond six months, prior approval from a Superintendent of Police or higher authority is required, introducing stricter oversight not present under CrPC.
Statutory Framework – Section 187 BNSS
Key Components:
- Section 187(1) → Production before Magistrate within 24 hours
- Section 187(2) → Police custody (maximum 15 days, now flexible)
- Section 187(3) → Default bail provision
- Section 187(9) → Extended investigation requires supervisory approval
Section 187(9) BNSS — Extended Investigation (New Provision)
The investigating officer must seek written permission from a police officer not below the rank of Superintendent of Police to continue investigation beyond six months from the date of arrest. This is a new accountability mechanism with no CrPC equivalent. Note: Practitioners should verify the precise statutory trigger (date of arrest vs date of FIR/complaint) against the primary BNSS text in force.
3. Detention Timelines Under Section 187 BNSS
Track A: 90-Day Cases (Serious Offences)
(Death, life imprisonment, or ≥10 years punishment)
| Day | Stage | Custody Type | Legal Consequence |
|---|---|---|---|
| Day 1 | Arrest & Magistrate remand | — | 90-day statutory clock begins (Day 1 included) |
| Days 1–60 | Investigation phase | Police custody (max 15 days total within window) | Custody allowed in parts with judicial approval |
| Days 61–90 | Late investigation phase | Judicial custody only | No police custody permitted |
| Day 90 | Expiry of statutory period | — | Default bail right accrues if no chargesheet |
| Day 91+ | Post-accrual stage | — | Right survives if application filed before chargesheet |
If chargesheet is not filed within 90 days, release on default bail is mandatory upon furnishing surety.
Track B: 60-Day Cases (Other Offences)
| Day | Stage | Custody Type | Legal Consequence |
|---|---|---|---|
| Day 1 | Arrest & remand | — | 60-day clock begins (Day 1 included) |
| Days 1–40 | Investigation phase | Police custody (max 15 days total within window) | Split custody allowed with court approval |
| Days 41–60 | Judicial custody only | No police custody | Chargesheet must be filed within 60 days |
| Day 60 | Expiry | — | Default bail accrues if investigation incomplete |
Key Legal Principles (Judicial Interpretation)
- Day 1 is always included in statutory computation (Rakesh Kumar Paul v. State of Assam, 2017).
- Chargesheet filing day is counted, but does not stop an already-expired clock.
- Interim release periods (bail, medical bail, etc.) are generally excluded from custody calculation (various HC rulings).
- The BNSS structure introduces split police custody windows (40/60 days), which are still under evolving judicial interpretation.
Important Note
The interpretation of Section 187 BNSS (especially custody computation under the new split-window system) is still developing, and Supreme Court clarity under Article 141 is awaited.
4. CrPC S.167 vs BNSS S.187 — Comparative Table
The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) replaces the CrPC, 1973, with Section 187 BNSS serving as the updated framework for custody and default bail previously governed by Section 167 CrPC.
CrPC S.167 vs BNSS S.187 — Key Comparison
| Parameter | CrPC, 1973 (Section 167) | BNSS, 2023 (Section 187) | Change / Significance |
|---|---|---|---|
| Default Bail Provision | S.167(2) proviso | S.187(3) | Structural renumbering; substantive continuity |
| 90-Day Threshold Language | “not less than ten years” | “ten years or more” | Interpretational debate; Karnataka HC treats both as identical; SC final view pending |
| Police Custody Framework | Max 15 days in one continuous block | Max 15 days total, in split custody within 40/60-day window | Major procedural reform introducing flexibility |
| Police Custody Limit | 15 days total | 15 days total | Unchanged |
| Judicial Custody Limit | 60 or 90 days | 60 or 90 days | Unchanged |
| Chargesheet Provision | Section 173 CrPC | Section 193 BNSS | Renumbered; largely identical structure |
| Extended Investigation Control | No SP approval requirement | SP approval required beyond 6 months (S.187(9)) | New accountability safeguard |
| State Amendments | Some state-specific extensions existed | Validity disputed under BNSS repeal clause (S.531) | Legal uncertainty; judicially unsettled |
| Special Laws Override | NDPS, UAPA, PMLA override S.167 | Same override applies to S.187 | Principle unchanged |
| Oral Application for Bail | Valid (Hitendra Vishnu Thakur, 1994) | Presumed valid; no BNSS-specific ruling yet | CrPC jurisprudence applied by analogy |
| PMLA Context | S.167 CrPC applied | S.187 BNSS applies post-1 July 2024 arrests | Twin conditions under S.45 PMLA continue to govern bail |
5. The 60-Day / 90-Day Threshold Controversy
A key unresolved issue under Section 187(3)(i) BNSS is the interpretation of the phrase “imprisonment for a term of ten years or more”, which determines whether an offence falls under the 60-day or 90-day default bail track.
6. KEY PRINCIPLES GOVERNING DEFAULT BAIL UNDER S.187 BNSS
| Position A: 90-day track requires MANDATORY MINIMUM of 10 yrs | Karnataka HC | State v. Kalandar Shafi & Ors. | MANU/KA/4163/2024 | Justice M. Nagaprasanna (Single Bench) | 13 Dec 2024 | SLP dismissed SC 8 Jan 2025 (on facts only) | Both CrPC and BNSS phrases mean the same — ‘only a play of words.’ Minimum threshold must be 10 yrs. Offences with maximum of 10 yrs but no mandatory minimum fall in 60-day track. | Narrower 90-day track. More accused get 60-day right. Police custody only within first 40 days for such offences. E.g. S.108 BNS (abetment of suicide) = 60 days only. | Single bench HC. SLP dismissal is on facts — NOT Article 141 precedent on interpretation. Persuasive but not binding outside Karnataka. |
| Position B: Both CrPC and BNSS phrases are not materially different | Kerala HC | Mohammed Sajjid v. State of Kerala | 2025 | Justice P.V. Kunhi Krishnan (Single Bench) | Ambiguity must be resolved in favour of accused when liberty is at stake. The two phrases are not materially different. Also held: criminal antecedents irrelevant to default bail eligibility. | Wider application of 90-day track. No change from CrPC position. NDPS S.22(b) (max 10 yrs, no minimum) = 90-day track. | Single bench HC. No SLP or SC consideration. Conflicts with Karnataka HC. Note: The primary holding on NDPS may be obiter on the S.187 threshold since NDPS special period applies anyway. |
6. Key Principles Governing Default Bail Under S.187 BNSS
P-01: Right Accrues on Expiry — But Must Be Claimed
- Right arises automatically after 60/90 days
- BUT enforceable only if application is filed before chargesheet
- Late application = right lost
Authority: Sanjay Dutt v. State; Uday Mohanlal Acharya v. State of Maharashtra; M. Ravindran v. Intelligence Officer DRI
P-02: Filing Timing is Critical
- Application must be filed before chargesheet reaches court
- Filing after → right extinguished
- Oral application allowed (safer to file written)
Authority: Sanjay Dutt v. State; Rakesh Kumar Paul v. State of Assam
P-03: Chargesheet Filing Stops the Clock
- Relevant date = filing in court (not cognizance)
- Even sanction-defective chargesheet may stop clock
Authority: Suresh Kumar Bhikamchand Jain v. State of Maharashtra
P-04: Chargesheet Must Be Substantially Complete
- “Token” or incomplete filing can be challenged
- No fixed SC test — depends on facts
P-05: Merits Are Irrelevant
- Court does NOT consider:
- seriousness
- evidence
- criminal history
Authority: Uday Mohanlal Acharya v. State of Maharashtra; Rakesh Kumar Paul v. State of Assam
P-06: Court Must Act Promptly
- Magistrate must:
- inform accused of right
- decide application immediately
- Delay to help prosecution = illegal
Authority: Rakesh Kumar Paul v. State of Assam
P-07: Custody Extension Requires Reasoned Order
- “Seen” endorsement is invalid
- Proper speaking order is mandatory
P-08: Cancellation is Limited
- Bail can be cancelled only for:
- misuse
- violation
- fraud
- NOT for investigation convenience
P-09: Only Actual Custody Counts
- Exclude:
- interim bail
- medical bail
- Only jail time counts for 60/90 days
P-10: Re-Arrest Cannot Defeat Right
- Fake re-arrest to avoid bail = illegal
- Genuine new FIR = separate timeline
Authority: Rajeev Chaudhary v. State NCT of Delhi
7. Special Laws & Overriding Provisions
Certain special enactments prescribe longer investigation periods that override S.187 BNSS. Where such laws apply, the S.187 default bail right does not operate until the special period expires. Special conditions may also apply even after the right accrues.
| Special Law | Relevant Section | Time Limit | Extension? | Bail Restrictions | Key Cases |
| NDPS Act, 1985 | S.36A(4) | 180 days | Yes — up to 1 year with court approval | Stringent bail conditions; S.37 applies | Bikramjit Singh v. State of Punjab, (2020) 10 SCC 616 (SC) — must be cited for NDPS default bail applications |
| UAPA, 1967 | S.43D(2) | 90 days (extendable to 180) | Yes — with PP approval | Extremely stringent even for default bail | Union of India v. K.A. Najeeb, (2021) 3 SCC 713 — Art. 21 can override even UAPA if incarceration is prolonged |
| PMLA, 2002 | S.167 CrPC / S.187 BNSS (as applicable — for post-July 2024 arrests, S.187 BNSS) | 60/180 days (case-specific) | With Special Court sanction | Twin conditions of S.45 PMLA apply even to default bail [P. Chidambaram v. ED, (2020) 13 SCC 401] | Also: Nikesh Tarachand Shah v. Union of India, (2018) 11 SCC 1 (SC struck down original S.45 twin conditions — amended version now applicable) |
| MCOCA (Maharashtra) | S.21 | Up to 180 days | With Special Court approval | Bail extremely restricted | Apply MCOCA-specific provisions; S.187 BNSS override applies |
| Companies Act (SFIO) | S.212 | 60 days generally | Via Special Court | Regular bail regime applies | No special restrictions beyond S.187 BNSS |
PMLA Post-BNSS Clarification (Critical)
- For arrests after 1 July 2024, custody and default bail are governed by Section 187 BNSS, not CrPC.
- However, Section 45 PMLA twin conditions apply even in default bail cases.
- Article 21 considerations (as in K.A. Najeeb) may still justify bail in exceptional cases of prolonged incarceration.
8. Verified High Court Case Summaries 2024–2026
ORISSA HIGH COURT
Vicky Kumar @ Kashyap & Anr. v. State of Odisha (2025)
- Citation: CRLMC No. 3669 of 2025
- Bench: Single Bench (Justice Aditya Kumar Mohapatra)
Issue
Whether Odisha’s CrPC amendment extending the default bail period (90 → 120 days) survives after enactment of BNSS.
Held
- State amendments to CrPC are repealed under Section 531 BNSS
- Uniform 90-day rule under Section 187(3) BNSS applies
Significance
- First ruling on state amendment survival post-BNSS
- Reinforces uniform national application of default bail timelines
DELHI HIGH COURT
Neeraj Kumar v. State (NCT of Delhi) (2026)
- Citation: Bail Appln. 190/2026 | 2026:DHC:1125
- Bench: Single Bench (Justice Prateek Jalan)
Issue
Whether interim/medical bail periods count toward the 60/90-day default bail computation under Section 187 BNSS.
Held
- Only actual custody is counted
- Interim/medical bail periods excluded
- Bail cannot be cancelled due to investigative necessity or improved health alone
Significance
- Clarifies custody computation under BNSS
- Strengthens protection of liberty during medical bail
Suraj Kanojia v. State (2025)
- Citation: Bail Appln. 1713/2025
- Bench: Single Bench
KARNATAKA HIGH COURT
State of Karnataka v. Kalandar Shafi & Ors. (2024)
- Citation: MANU/KA/4163/2024
- Bench: Single Bench (Justice M. Nagaprasanna)
Issue
Interpretation of “ten years or more” under Section 187(3)(i) BNSS
Held
- Phrase implies mandatory minimum 10 years
- Offences with only maximum punishment of 10 years fall under 60-day track
- Police custody limited to first 40 days window
Significance
- Leading interpretation on 60 vs 90-day classification
- SLP dismissed by Supreme Court (2025) on facts only, not law
BOMBAY HIGH COURT (AURANGABAD BENCH)
Ranganth Tulshiram Galande v. State of Maharashtra (2025)
- Citation: 2025 SCC OnLine Bom 3773
- Bench: Single Bench
Issue
Validity of custody extension without a speaking order under Section 187 BNSS.
Held
- Magistrate must pass a reasoned speaking order
- Mere “seen” endorsement is invalid
- Non-compliance may trigger default bail
Significance
- Reinforces mandatory judicial application of mind
- Strengthens procedural safeguards under BNSS
KERALA HIGH COURT
Mohammed Sajjid v. State of Kerala (2025)
- Citation: Single Bench Judgment
- Bench: Justice P.V. Kunhi Krishnan
Issue
Interpretation of “ten years or more” and eligibility for default bail under NDPS context.
Held
- Ambiguity must be resolved in favour of personal liberty
- Criminal antecedents are irrelevant to default bail
- Supports broader 90-day interpretation
Significance
- Conflicts with Karnataka HC view
- Strong liberty-oriented interpretation of BNSS
9. Special Issues Requiring Careful Consideration
1. Multi-FIR & Simultaneous Custody
Rule
- Each FIR operates with an independent 60/90-day default bail timeline under Section 187 BNSS.
Legal Position
- Default bail in FIR-1 cannot be defeated by a valid arrest in FIR-2.
- However, a colourable or engineered re-arrest to defeat default bail is impermissible.
Test
- Courts examine whether the second arrest is genuine or an abuse of process.
Authority: Rajeev Chaudhary v. State (AIR 2001 SC 2369)
2. Transit Remand & Custody Computation
Issue
Whether transit custody days count toward the 60/90-day statutory period.
Divergent Views
- Some High Courts: Only custody before competent jurisdictional Magistrate counts
- Others: Entire custody from first remand is counted
Status
- No authoritative Supreme Court ruling under BNSS yet
- Position remains jurisdiction-dependent and unsettled
3. Supplementary Chargesheet & Default Bail
Rule
- A valid chargesheet filed within time stops the default bail clock permanently.
- A supplementary chargesheet does not revive or create a fresh default bail right.
Legal Consequence
- After filing of chargesheet, remedy shifts to regular bail provisions under BNSS Section 480.
3A. Section 480(6) BNSS — Separate Bail Regime
Nature
- Independent trial-delay bail provision (post-chargesheet stage)
Applicability
- Applies where trial in non-sessions cases is not completed within 60 days of first evidence
Key Distinction
- Section 187 BNSS → Pre-chargesheet default bail
- Section 480 BNSS → Post-chargesheet trial-delay bail
Authority: Ramashankar Shah v. State of MP (2026)
4. State Amendments & Repeal under BNSS
Legal Issue
Whether state amendments to CrPC survive after enactment of BNSS
Judicial Approach (Emerging)
- Some High Courts (e.g., Odisha HC) hold:
- State amendments to CrPC are repealed under Section 531 BNSS
Legal Analysis Required
Courts must examine:
- Whether amendment is part of CrPC or a standalone statute
- Applicability of Section 531(2) BNSS savings clause
- Operation of Section 6 of General Clauses Act, 1897
- Whether state legislature has re-enacted the provision under BNSS framework
Status
- No uniform national rule; issue remains unsettledS10. APPLICATION CHECKLIST FOR PRACTITIONERS
10. Application Checklist For Practitioners
Step 1: Identify Applicable Provision
- Confirm arrest is post 1 July 2024 (BNSS applies)
- Determine offence category:
- 90-day track → mandatory minimum ≥ 10 years
- 60-day track → other offences
- Check special laws (NDPS / UAPA / PMLA / MCOCA) → override BNSS timelines
Step 2: Custody Calculation
- Day 1 = first Magistrate remand
- Exclude:
- Interim bail
- Medical bail
- Temporary bail
- Verify chargesheet filing date from court record only
Chargesheet without sanction may still stop clock (case-specific)
Step 3: Filing Default Bail Application
- Must be filed before chargesheet is taken on record
- Prefer written application (safer than oral)
- Include:
- Day-wise custody calculation
- Statutory expiry (60/90 days)
- Correct legal provision (S.187(3))
If rejected at Day 60 (precaution case), re-apply at Day 90
Step 4: Court Procedure Safeguards
- Magistrate must inform accused of default bail right
- Application must be decided immediately
- Custody extension requires a reasoned speaking order
- “Seen” order is invalid
Step 5: Prosecution Requirements
- File chargesheet within statutory period
- Ensure complete chargesheet with all annexures
- Obtain proper custody extension orders with hearing
- Maintain certified court-stamped filing records
12. Key Supreme Court Precedents
All rulings are under CrPC S.167 and applied to BNSS S.187 by doctrinal continuity. No BNSS-specific SC Article 141 ruling exists as of March 2026.
| Case | Citation | Bench | Key Principle |
| Rakesh Kumar Paul v. State of Assam | (2017) 15 SCC 67 [CrPC] | 3 judges | Day of first Magistrate remand included in count. Day of chargesheet filing included. Oral application sufficient. Right accrues on expiry. Magistrate must inform accused of right. |
| Uday Mohanlal Acharya v. State of Maharashtra | (2001) 5 SCC 453 [CrPC] | 3 judges | Default bail right once accrued cannot be defeated by subsequent chargesheet filing — PROVIDED the accused had already applied before chargesheet was filed. Also: merits of the case not examined. |
| Sanjay Dutt v. State (CBI Bombay) | (1994) 5 SCC 410 [CrPC] | Constitution Bench (5 judges) | BOTH propositions must be stated together: (a) Right is indefeasible once accrued AND application made before chargesheet. (b) Sanjay Dutt himself was denied default bail because he had not applied before chargesheet — right was extinguished. Applying AFTER chargesheet defeats the right. |
| M. Ravindran v. Intelligence Officer, DRI | (2021) 2 SCC 485 [CrPC] | 2 judges | Filing of chargesheet after right has accrued does NOT extinguish the right IF the accused had already applied. Right crystallises on filing of the application, not merely on expiry of period. |
| Suresh Kumar Bhikamchand Jain v. State of Maharashtra | (2013) 3 SCC 77 [CrPC] | 2 judges | Once a chargesheet is filed, the default bail clock stops and the right is extinguished for those who have not yet applied. Magistrate has no discretion to refuse default bail once the right is validly accrued; prosecution can challenge whether right accrued at all. |
| Rajeev Chaudhary v. State (NCT of Delhi) | AIR 2001 SC 2369 [CrPC] | 2 judges | Default bail right cannot be defeated by arresting accused in a different case to circumvent the period. Test: is the re-arrest genuine or colourable? Colourable re-arrest is impermissible. |
| Hitendra Vishnu Thakur v. State of Maharashtra | (1994) 4 SCC 602 [CrPC] | 2 judges | Oral application for default bail is sufficient — no need for a formal written petition. Note: CrPC ruling; no BNSS-specific SC confirmation yet. |
| Satender Kumar Antil v. CBI | (2022) 10 SCC 51 | 2 judges (SC) | Comprehensive bail jurisprudence framework. Bail conditions must not be onerous as to functionally deny bail. Courts must consider economic status for surety. State should not oppose bail mechanically. Directly applicable to conditions imposed on default bail. |
| Bikramjit Singh v. State of Punjab | (2020) 10 SCC 616 [CrPC] | 2 judges | NDPS default bail: the special NDPS period under S.36A(4) operates independently of S.167 CrPC / S.187 BNSS framework. Default bail under NDPS is governed by the NDPS Act regime; essential for any NDPS default bail application. |
| P. Chidambaram v. Directorate of Enforcement | (2020) 13 SCC 401 | 3 judges | PMLA bail: the twin conditions of S.45 PMLA apply to all bail applications in PMLA cases, including default bail situations. The indefeasible right principle does not override S.45 PMLA requirements. |
| Nikesh Tarachand Shah v. Union of India | (2018) 11 SCC 1 | 2 judges | SC struck down original S.45 PMLA twin conditions as unconstitutional. Parliament amended S.45 thereafter. Current version of S.45 PMLA (as amended) governs PMLA bail applications. Foundation of all PMLA bail law. |
13. Common Pitfalls in Default Bail Computation — and How to Avoid Them (BNSS S.187 / CrPC S.167)
These pitfalls arise frequently in default bail practice under CrPC S.167 and are equally relevant under BNSS S.187 due to structural continuity.
Common Pitfalls Table
| Pitfall | Incorrect Approach | Correct Legal Position / Remedy |
|---|---|---|
| Pitfall 1: Incorrect starting point of computation | Counting from date of arrest | Always compute from the date of first Magistrate remand order, not arrest date. Even a few hours’ difference can alter eligibility. |
| Pitfall 2: Including bail periods in custody calculation | Including interim, medical, or temporary bail duration | Only actual custody days are counted. Bail periods must be fully excluded. |
| Pitfall 3: Filing application after chargesheet is filed/received | Filing default bail application after chargesheet reaches court | Application must be filed before chargesheet is filed in court registry. A delay of even one day can defeat the right. (Sanjay Dutt v. CBI, (1994) 5 SCC 410) |
| Pitfall 4: Assuming early (Day 60) application preserves later right | Treating a premature application as safeguarding Day-90 entitlement | A rejected or pending early application does not preserve statutory right. A fresh application must be filed at expiry (e.g., Day 90) if right accrues later. |
| Pitfall 5: Ignoring post-BNSS status of state extensions | Assuming older state amendments extending custody (e.g., 120 days) still apply automatically | Post-BNSS, applicability of state amendments is legally uncertain and may be affected by repeal doctrine and General Clauses Act. Must verify jurisdiction-specific position. |
| Pitfall 6: Treating administrative “seen” remark as valid extension | Accepting “seen” endorsement as judicial extension of custody | A mere “seen” remark is not a judicial order. Only a reasoned speaking order can extend custody or authorise continuation. |
| Pitfall 7: Confusing chargesheet filing with cognizance date | Using date of cognizance as trigger point | The relevant date is actual filing in court registry, not cognizance. Even if cognizance is delayed due to sanction issues, clock may stop upon filing. |
| Pitfall 8: Ignoring special statutes (NDPS/UAPA/PMLA) | Applying BNSS S.187 mechanically in all cases | Default bail must first be tested under special statutory regimes. NDPS, UAPA, and PMLA override general BNSS rules. |
| Pitfall 9: Blind reliance on CrPC precedents under BNSS | Treating all CrPC S.167 judgments as fully settled under BNSS S.187 | CrPC jurisprudence is persuasive but not binding under BNSS-specific structure, especially due to changes like split custody under S.187(2). Fresh SC clarification may be required. |
FAQs
Is default bail automatic?
No. It must be claimed through an application.
Can court reject it on merits?
No. Merits are irrelevant.
What if chargesheet is filed late?
Right arises, but must be exercised before filing.
Can default bail be cancelled?
Only for violation of conditions or misuse.
Conclusion
Default bail under Section 187 BNSS remains a cornerstone of procedural fairness, ensuring that liberty is not subordinated to investigative delay. While the statutory framework is clear, its application is highly technical and timing-sensitive, especially in light of unresolved interpretational issues.
For practitioners, success in invoking this right depends not on argument, but on precision, timing, and procedural compliance.
