Default Bail in India: Your Right When Police Miss the Chargesheet Deadline
Default bail, also known as statutory bail, is an indefeasible right to liberty guaranteed if the prosecution fails to complete its investigation in time.
The Timelines: 60 and 90 Days
The police must file the chargesheet within 60 days for offences punishable by less than 10 years, and 90 days for serious offences. If they fail to do so, the accused becomes entitled to bail automatically, irrespective of the gravity of the crime.
How to Secure Your Right
You must file the default bail application immediately after the 60th or 90th day, before the police manage to file the chargesheet. If you delay and the chargesheet is submitted, your automatic right lapses.
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