Bharatiya Nagarik Suraksha Sanhita, 2023 – ss.187(3), 193(8) – Default Bail – Non-filing of charge-sheet without additional copies, does not entitle the accused for the benefit of default bail – FIR u/s.61(2) r/w ss.318, 336 and 340, BNS, 2023; s.7, Prevention of Corruption Act, 1988 and s.66, IT Act, 2000 for cyber fraud of Rs.3.81 crores – Appellant-accused sought default bail u/s.187(3), BNSS contending that non-filing and non-supply of the chargesheet to him within the statutory period made him eligible for default bail – Application dismissed by Special Judge, CBI – Appellant filed revision application, dismissed by High Court – Correctness: Held: Courts below rightly held that the non-filing of a copy of the charge-sheet cannot become a ground for default bail – Non-filing of additional copies of the charge-sheet u/s.193(8) would not vitiate the charge-sheet/police report itself – As was the case under the erstwhile CrPC, the position under BNSS is to remain that the right to default bail arises when the charge-sheet is not filed within a period of sixty or ninety days, as applicable – Once the charge-sheet is filed, in compliance with the form prescribed u/s.193(3) BNSS, within the aforesaid period, the right to default bail ceases – Non-compliance with s.193(8), BNSS cannot be construed to give the same result as s.187(3) of the BNSS – Appellant not entitled to default bail – Charge-sheet/police report was filed within the prescribed statutory time before the magistrate on 02.09.2025 – The contents thereof, being in compliance with s.193(3) BNSS – Consequently, on 02.09.2025, the right to default bail became extinguished and the appellant ought to have applied for regular bail – Moreover, cognizance was also taken on the charge-sheet filed – This order has not been challenged to date, implying that the contents of the charge-sheet are in accordance with law – Impugned order, affirmed. [Paras 23, 26, 27, 29] Bharatiya Nagarik Suraksha Sanhita, 2023 – ss.187(3), 193(8),
230 – Code of Criminal Procedure, 1973 – ss.167, 173, 207 – Default Bail – Principles governing, enumerated – Constitution of India – Art.21. [Para 20]
Bharatiya Nagarik Suraksha Sanhita, 2023 – ss.187(3), 193(8),
230 – Code of Criminal Procedure, 1973 – ss.167, 173, 207 – Default Bail:
Held: The section(s) governing default bail, i.e., s.167(2) of the CrPC and s.187(3) of the BNSS are substantially identical – They only differ in phraseology; however, the import thereof remains the same – When it comes to filing a police report, u/s.173 of the CrPC and s.193, of the BNSS, the form thereof remains substantially same – An addition is s.193(8) of the BNSS, whereby the investigating officer is required to file additional copies of the report, for supply to the accused – For supply of the police report and other documents to the accused, a timeline has been instituted of fourteen days from the date of production or appearance of the accused u/s.230 of the BNSS. [Para 19]
As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Divya Pandey. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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