Chargesheet Filing Timeline in Odisha: Legal Deadline and What Happens If Delayed
In Odisha, police must file a chargesheet within 60 days of arrest for offences punishable with under 10 years' imprisonment, and within 90 days for graver offences, under Section 187 BNSS. If this deadline is missed and the accused is in custody, they gain a right to default bail.
By Advocate Debarchana Samal · 30 July 2026 · 7 min read
What is a Chargesheet?
A chargesheet (formally called a "final report" or "police report" under Section 193 BNSS, formerly Section 173 CrPC) is the document the investigating officer files before the Magistrate after completing investigation of an FIR. It lists the offences the accused is alleged to have committed, the evidence gathered, the witnesses examined, and forms the basis for framing of charges and trial. Until the chargesheet is filed, the case remains at the investigation stage, and the accused's custody continues to be governed by remand orders rather than a formal trial.
The Statutory Timeline Under BNSS
60 Days
Applies to: Offences punishable with imprisonment of less than 10 years
Applies to most IPC/BNS offences such as theft, cheating, simple hurt, and most non-serious crimes.
90 Days
Applies to: Offences punishable with death, life imprisonment, or imprisonment of 10 years or more
Applies to murder, rape, dacoity, and other grave offences under BNS.
This timeline runs from the date of the accused's first remand to custody, not from the date the FIR was registered. It is tracked separately for each accused in a multi-accused case, based on when each individual was taken into custody.
Your Right to Default Bail if the Deadline is Missed
Why Chargesheets Get Delayed
Common reasons for delay in Odisha include pending forensic reports (especially in cybercrime, NDPS, and cases requiring FSL analysis), difficulty tracing absconding co-accused, multiple witnesses to examine in complex financial or organised crime cases, and administrative backlogs in busier police stations of Cuttack and Bhubaneswar. While some delay is understandable in complex investigations, the law does not extend the 60/90-day deadline for ordinary offences merely because the investigation is incomplete — the remedy for the accused is default bail, not an automatic extension for the police.
Critical warning: The right to default bail must be actively claimed. Courts have consistently held that if the accused does not apply before the chargesheet is filed, the right lapses. If you or a family member is in custody and the deadline is approaching, contact a criminal lawyer well before the 60/90-day mark to ensure the application is filed on time.
Frequently Asked Questions
What is the legal deadline for the police to file a chargesheet in Odisha?
Under Section 187 BNSS (formerly Section 167 CrPC), the police must complete investigation and file the chargesheet within 60 days of arrest 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.
What happens if the police do not file the chargesheet within the deadline?
If the chargesheet is not filed within 60 or 90 days as applicable, and the accused is in custody, the accused acquires an indefeasible right to default bail (also called statutory bail) under Section 187(3) BNSS, provided they apply for it before the chargesheet is actually filed and are willing to furnish bail.
Does the chargesheet deadline apply if I am not arrested?
The strict 60/90-day custodial deadline is specifically tied to being in judicial or police custody. If you have not been arrested and are on anticipatory bail or have not been taken into custody, the default bail right under Section 187(3) BNSS does not directly apply, though the investigation is still expected to conclude within a reasonable time.
Can the chargesheet deadline be extended?
In certain special statutes such as NDPS, UAPA, and some economic offence laws, the investigation period can be extended beyond 90 or 180 days by the court on the Public Prosecutor's report showing progress in investigation. For ordinary IPC/BNS offences under the general law, the 60/90-day BNSS deadline is strictly enforced unless such a special provision applies.
How can a lawyer help if the chargesheet is delayed in my case?
A lawyer can track the exact date of arrest and the applicable deadline, file a default bail application the moment the deadline lapses, and ensure the application is filed before the chargesheet reaches court so that the right to statutory bail is not lost. Timing this application correctly is critical and requires careful monitoring of the case diary.
Chargesheet Delayed in Your Case in Cuttack or Odisha?
Advocate Debarchana Samal, Cuttack, Odisha tracks chargesheet deadlines and files timely default bail applications to protect your right to liberty. Contact us for a confidential consultation.
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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