Question

Under Bharatiya Nagarik suraksha Samhita(BNSS), the period for default bail in minor offences is capped at?

• A. 30 days
• B. 45 days
• C. 60 days
• D. 90 days

Answer 1

Answer:

C. 60 days

Overview of Default Bail under BNSS

• Default Bail (also known as statutory bail) is an indefeasible right granted to an accused person when the investigating agency fails to complete the investigation and file a chargesheet within a prescribed statutory time limit.
• Under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, default bail provisions are laid down under Section 187(3), which replaced Section 167(2) of the Code of Criminal Procedure (CrPC), 1973.

Time Limits for Default Bail

• 60-Day Limit: Applicable for minor or other offences where the investigation relates to any offence carrying a maximum punishment of less than 10 years.
• 90-Day Limit: Applicable for serious offences punishable with death, imprisonment for life, or imprisonment for a term of 10 years or more.
• If the investigating authority fails to file a chargesheet within the specified maximum timeframe (60 or 90 days), the accused becomes automatically entitled to release on default bail upon applying and being prepared to furnish bail.

Key Legal Context and Related Concepts

• The BNSS came into official effect across India on July 1, 2024, replacing the CrPC of 1973.
• The right to default bail is recognized by the Supreme Court of India as an essential procedural right under Article 21 (Right to Life and Personal Liberty) of the Constitution.
• In addition, Section 2(1)(b) of the BNSS officially defines the term "Bail" for the first time in Indian criminal statutory law.