Police Custody, Judicial Custody and Default Bail Under BNSS in Odisha
If the police fail to file a chargesheet within 60 or 90 days depending on the offence, you have an absolute right to default bail under BNSS. Here is how custody periods work under the new law and how to claim default bail in Odisha.
By Advocate Debarchana Samal · 22 July 2026 · 8 min read
In short: under Section 187 BNSS, if the police fail to file a chargesheet within 60 days (for offences punishable with less than 10 years) or 90 days (for offences punishable with 10 years, life imprisonment, or death), the accused has an absolute right to default bail — regardless of how serious the allegations are. This right is time-sensitive and can be lost if you do not act the moment the deadline passes. If a family member is in custody in Odisha, tracking this deadline could be the fastest route to their release.
When someone you love is arrested, the days in custody can feel endless and confusing — police custody, judicial custody, remand extensions, court dates that keep getting pushed. Families often assume there is nothing to do but wait for the trial to conclude. That is simply not true. One of the most powerful, yet most overlooked, rights in Indian criminal law is default bail — and it exists precisely because the law refuses to let the state hold someone indefinitely without formally charging them. Let me explain how this works under the new BNSS framework, because timing here is everything.
Police Custody vs Judicial Custody
Police Custody (Remand)
Accused held at a police station for interrogation. Maximum 15 days total, granted by a Magistrate, can now be spread over the initial 40 or 60 day period under BNSS.
Used for active questioning and evidence gathering.
Judicial Custody
Accused sent to jail under the supervision of jail authorities while investigation continues. Can extend up to the full 60 or 90 day chargesheet period, or until bail is granted.
Police cannot interrogate without seeking fresh custody from the court.
Chargesheet Filing Deadlines Under Section 187 BNSS
How to File a Default Bail Application
Track the remand date meticulously
The 60 or 90-day clock starts from the day the accused was first remanded to custody, not the FIR date. Your lawyer must record this date precisely.
Determine which deadline applies
Confirm whether the offence carries less than 10 years, or 10 years/life/death, to know whether the 60-day or 90-day window applies.
Monitor the chargesheet status daily as the deadline nears
Your lawyer should check with the court registry whether the chargesheet has been filed, especially in the final days before the deadline.
File the default bail application the instant the deadline lapses
The application under Section 187(3) BNSS must be filed before the chargesheet is submitted. Even a short delay in filing can cost you this right if police file late but before your application reaches the court.
Be ready with bail bonds and sureties
Since default bail is a matter of right once the deadline lapses, have your bail bond documentation and sureties ready in advance so release is not delayed by paperwork.
Why This Right Is Powerful but Time-Sensitive
What makes default bail unique is that it is not decided on the merits of the accusation at all. Even in a serious case, if the investigating agency simply does not complete its work and file the chargesheet within the statutory period, the accused must be released on bail. But courts have consistently held that this right must be claimed the moment it accrues — if the police manage to file the chargesheet even shortly before the default bail application is actually presented and considered by the Magistrate, the right can be lost, and the accused falls back into the ordinary, discretionary bail process. This narrow window is exactly why families cannot afford to handle this on their own or rely on a lawyer who is not actively tracking the case calendar.
Critical warning: Default bail is one of the most time-sensitive rights in criminal law. Missing the exact day the deadline lapses — or letting the police file the chargesheet first — can mean losing this right entirely. If a family member is nearing the 60 or 90-day mark in custody, contact a lawyer immediately rather than waiting for the next scheduled court date.
Frequently Asked Questions
What is the maximum period of police custody under BNSS?
Under Section 187 BNSS, police custody (also called remand) can be granted by a Magistrate for a total period not exceeding 15 days, similar to the earlier CrPC position. However, BNSS clarifies that this 15-day period can now be spread out in parts over the initial 40 or 60 days of the total investigation period, rather than only within the first 15 days as was the stricter practice earlier — giving investigating agencies more flexibility to seek police custody later in the investigation if needed.
What is the difference between police custody and judicial custody?
Police custody means the accused is held under the direct supervision of the police for interrogation, typically at a police station or lock-up, and is limited to a maximum of 15 days as directed by the Magistrate. Judicial custody means the accused is sent to jail, under the supervision of jail authorities, while the investigation continues; the police do not have direct access to interrogate the accused during this period without seeking further custody from the court. Most of the time an accused spends before trial, if not granted bail, is judicial custody.
How long can the police take to file a chargesheet under BNSS?
Under Section 187 BNSS, the chargesheet must generally be filed within 60 days of the date of remand for offences punishable with less than 10 years imprisonment, and within 90 days for offences punishable with death, life imprisonment, or imprisonment of 10 years or more. If the police fail to file the chargesheet within the applicable period, the accused becomes entitled to default bail, also called statutory bail.
What is default bail and how do I claim it?
Default bail, under Section 187(3) BNSS (earlier Section 167(2) CrPC), is an absolute and indefeasible right that arises the moment the chargesheet is not filed within the 60 or 90-day period, regardless of the seriousness of the allegations. To claim it, your lawyer must file an application before the Magistrate as soon as the deadline lapses, and you must be prepared to furnish bail bonds. Importantly, this right can be lost if the chargesheet is filed even one day before you formally apply for default bail, so timing and vigilance are everything.
Why is default bail considered such a powerful but time-sensitive right?
It is powerful because it does not depend on the merits of the case at all — even someone accused of a serious offence gets default bail if the police simply fail to complete the investigation in time, since the law does not allow indefinite detention without a formal charge. It is time-sensitive because the right exists only in the narrow window between the deadline lapsing and the chargesheet actually being filed. If the police file the chargesheet just before your application is presented to the Magistrate, courts have held that the right to default bail can be extinguished. This is exactly the kind of deadline a lawyer needs to track daily on your behalf.
Nearing the 60 or 90-Day Custody Deadline in Cuttack or Odisha?
Advocate Debarchana Samal actively tracks chargesheet timelines and files default bail applications the moment the statutory deadline lapses, before Cuttack courts and across Odisha. Do not let this powerful right slip away — contact us today.
Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Consult a qualified advocate for advice specific to your situation.
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