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—default-bail-charge-sheet-extra-copies-not-mandatory [2026/07/10 21:13] (current) – created - external edit 127.0.0.1
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 +{{htmlmetatags>metatag-description=(A timely charge sheet defeats default bail even if the police skipped the extra copies. The Supreme Court held the copy-supply rule is directory, not mandatory.)&metatag-keywords=(default bail charge sheet copies, default bail BNSS 187, charge sheet additional copies, Section 193 BNSS directory)&metatag-robots=(index,follow)&metatag-og:title=(Default Bail and the Charge Sheet Copies Rule under BNSS)&metatag-og:description=(A timely charge sheet defeats default bail even if the police skipped the extra copies. The Supreme Court held the copy-supply rule is directory, not mandatory.)&metatag-og:type=(article)}}
  
 +====== Default bail and charge sheet copies rule under BNSS 2026 ======
 +
 +No. If the police or agency filed the charge sheet within the 60 or 90 day limit, you cannot claim default bail just because they did not hand you the extra or additional copies of that charge sheet. In Shaurya Sunil Kumar Singh v. CBI (2026 INSC 666), the Supreme Court held that the requirement to supply additional copies, found in Section 193(8) of the BNSS, is only directory and not mandatory. Once a proper charge sheet reaches the court in time, the right to default bail is gone, whatever happens with copy supply afterwards.
 +
 +This guide explains when default bail actually applies, what this ruling settled, and the common mistakes accused persons and their families make about it.
 +
 +===== What default bail actually is =====
 +
 +Default bail, also called statutory or compulsory bail, is not about the strength of the case against you. It is a safeguard against being kept in custody indefinitely while the investigation drags on. The law gives the investigating agency a fixed window to complete the investigation and file the charge sheet, called the police report or final report. If that window closes and no charge sheet has been filed, the accused earns an indefeasible right to be released on bail, no matter how serious the offence.
 +
 +Under the proviso to Section 187(3) of the BNSS, which is the successor to Section 167(2) of the old CrPC, the deadlines are:
 +
 +  * **90 days** where the offence is punishable with death, imprisonment for life, or imprisonment of ten years or more.
 +  * **60 days** for any other offence.
 +
 +The clock runs from the date the accused is first remanded to custody. If the agency does not file the charge sheet within this period and you apply for bail and are prepared to furnish it, the court must release you. This is a strong, time based right, and courts guard it closely.
 +
 +===== When default bail DOES apply =====
 +
 +The trigger is simple: the investigation was not completed and no charge sheet was filed within the 60 or 90 day limit. Typical situations where the right is alive:
 +
 +  * The 60 or 90 day period expired and the agency has filed nothing at all.
 +  * The agency filed only a preliminary or incomplete report to stop the clock, without actually completing the investigation, and the court finds it was not a genuine charge sheet.
 +  * The agency sought further time or a longer extension than the law allows, and the extension was bad in law.
 +
 +In each of these, the accused can move an application the moment the deadline passes, before the charge sheet is filed, and claim release. Timing matters: if the charge sheet is filed before you actually apply and are granted bail, the right does not survive.
 +
 +===== What the Supreme Court settled in the 2026 ruling =====
 +
 +In Shaurya Sunil Kumar Singh v. CBI, the CBI filed its charge sheet on 2 September 2025, comfortably inside the statutory period, and the contents complied with the form prescribed under Section 193(3) of the BNSS. The accused nevertheless applied for default bail, arguing that because the complete copies of the charge sheet and the accompanying documents had not been supplied to him within the period, he had become entitled to release.
 +
 +The Supreme Court, through Justices Sanjay Karol and N. Kotiswar Singh, rejected that argument. The Court drew a clean line between two different things:
 +
 +  - **Filing the charge sheet in time** under Section 187(3) read with Section 193(3). This is the core obligation, and failing it is what creates the default bail right.
 +  - **Supplying additional copies of the police report** for the accused under Section 193(8), a newer provision. This is an administrative step that follows filing.
 +
 +The Court held that these two are not the same. In its words, "once the chargesheet is filed, in compliance with the form prescribed under Section 193(3) BNSS, within the aforesaid period, the right to default bail ceases." It added that "Non-compliance with Section 193(8) of the BNSS cannot be construed to give the same result as Section 187(3) of the BNSS."
 +
 +In plain terms: not handing over the extra copies is a directory lapse. It may need to be cured, and the accused is still entitled to receive the copies, but it does not invalidate the charge sheet and it does not revive default bail. The accused was held not entitled to release.
 +
 +===== Directory versus mandatory, in plain words =====
 +
 +A **mandatory** requirement is one the law insists on, and breaking it carries a defined legal consequence. Filing the charge sheet within 60 or 90 days is mandatory: miss it, and the accused gets bail as of right.
 +
 +A **directory** requirement is one the law expects to be followed, but a lapse does not by itself undo what has been done or create a new right for the other side. Supplying the extra copies is directory in this sense. You can and should insist on getting your copies so you can prepare your defence, but you cannot convert that shortfall into a ticket out of custody.
 +
 +===== Mistakes people make about default bail =====
 +
 +  * **Confusing copy supply with charge sheet filing.** They are separate steps. Only the failure to file in time triggers default bail.
 +  * **Waiting too long to apply.** The right is strongest in the gap between the deadline passing and the charge sheet being filed. If you sleep on it, a later filing can defeat you.
 +  * **Treating a technical defect as a missing charge sheet.** A charge sheet that is filed in the proper form counts, even if some documents or copies come later.
 +  * **Confusing default bail with the undertrial limits under Section 479.** That is a different right about long detention during trial. See our separate guide.
 +  * **Assuming default bail is automatic.** You must actually apply and be ready to furnish bail; the court does not release you on its own.
 +
 +For how to prepare and move the application itself, see our guide on how to [[https://righttoinformation.wiki/file-bail-application-2026|file a bail application]].
 +
 +===== FAQ =====
 +
 +==== Can I get default bail if the charge sheet was filed on time but I got no copy? ====
 +
 +No. As the Supreme Court held in the 2026 ruling, a charge sheet filed within the 60 or 90 day limit in the proper form ends the default bail right. Not receiving the extra copies is a directory lapse that you can raise separately, but it does not put you back in line for statutory bail.
 +
 +==== What is the deadline for the police to file the charge sheet? ====
 +
 +Ninety days for offences punishable with death, life imprisonment, or ten years or more, and sixty days for other offences, counted from the date of first remand, under the proviso to Section 187(3) of the BNSS.
 +
 +==== Which BNSS section gives the right to default bail? ====
 +
 +The proviso to Section 187(3) of the BNSS, which replaced Section 167(2) of the old CrPC. It is the provision that fixes the 60 and 90 day limits and the consequence of missing them.
 +
 +==== What does Section 193(8) of the BNSS deal with? ====
 +
 +It deals with supplying additional copies of the police report or charge sheet. The Supreme Court has now held this requirement is directory, so a failure here does not invalidate the charge sheet or create a default bail right.
 +
 +==== Is default bail the same as the undertrial release under Section 479? ====
 +
 +No. Section 479 of the BNSS deals with release after an accused has spent a set fraction of the maximum sentence in detention during trial. Default bail is about the charge sheet not being filed within 60 or 90 days. Read our page on [[https://righttoinformation.wiki/default-bail-undertrial-bnss-479-india|default and undertrial bail under Section 479]].
 +
 +==== If default bail is refused, can I still seek regular bail? ====
 +
 +Yes. Losing on default bail does not close the door on regular bail on the merits. For a non bailable offence you can apply under the ordinary bail provisions. See our guide on [[https://righttoinformation.wiki/bail-non-bailable-offence-bnss-section-480-india|bail in a non bailable offence under Section 480]].
 +
 +===== Where to go from here =====
 +
 +If you are dealing with an arrest or an ongoing investigation, know your rights before custody as well. Our guide on the [[https://righttoinformation.wiki/bnss-35-notice-before-arrest-rights|Section 35 notice before arrest]] explains when the police must issue a notice instead of arresting you. To understand the process end to end, read [[https://righttoinformation.wiki/book|The RTI Playbook]], and if you need to frame a clean application or RTI request about your case, use the free [[https://righttoinformation.wiki/act|AI RTI Drafter tool]].
 +
 +This article is general legal information, not a substitute for advice from a lawyer on your specific facts.
 +
 +Reviewed by Dr. Shrawan Kumar Pathak.
 +
 +===== Sources =====
 +
 +  * Verdictum: https://www.verdictum.in/supreme-court/2026-insc-666-shaurya-sunil-kumar-singh-v-cbi-1616990
 +  * Law Trend: https://lawtrend.in/filing-of-chargesheet-ends-right-to-default-bail-even-if-additional-copies-under-section-1938-bnss-are-omitted-supreme-court/
 +  * LiveLaw: https://www.livelaw.in/sc-judgments/2026-livelaw-sc-649-shaurya-sunil-kumar-singh-versus-central-bureau-of-investigation-539496
 +===== Default bail when charge sheet extra copies not mandatory: Latest rulings and conditions? =====
 +
 +Default bail under the BNSS (earlier Section 167(2) CrPC) is a fundamental right when the charge sheet is not filed within the prescribed time. Here is the complete guide:
 +
 +  - **Step 1: What is default bail?** (a) if the police do not file the charge sheet within 60 days (for lesser offences) or 90 days (for serious offences), the accused is entitled to default bail, (b) default bail is a right — not discretionary, (c) the accused must apply for default bail — it is not automatic, (d) once the right accrues, it cannot be taken away even if the charge sheet is filed later.
 +  - **Step 2: Are extra copies of charge sheet mandatory?** (a) the Supreme Court has held that supplying extra copies of the charge sheet to co-accused is NOT a condition for default bail, (b) the requirement is to file the charge sheet within the prescribed period — not to supply copies, (c) the court has clarified that the 60/90 day period is counted from the date of arrest, (d) the charge sheet must be complete — a supplementary charge sheet does not restart the clock.
 +  - **Step 3: How to claim default bail.** (a) file an application for default bail before the Magistrate, (b) state that the charge sheet has not been filed within 60/90 days, (c) the court will verify the period and grant bail, (d) the accused must furnish bail bonds as directed, (e) default bail can be cancelled only if the accused violates conditions.
 +  - **Step 4: When does the 60/90 day period start?** (a) from the date of arrest (not from the date of FIR), (b) if the accused is in custody for a different case: the period starts from the date of arrest in the present case, (c) if the accused is arrested on a production warrant: the period starts from the date of production.
 +  - **Step 5: Default bail and remand.** (a) the police cannot seek police custody beyond 15 days (BNSS), (b) after 15 days: the accused is in judicial custody, (c) the 60/90 day period is for filing the charge sheet (police custody is separate), (d) if the charge sheet is not filed: default bail is available even if the accused is in judicial custody.
 +  - **Step 6: Exceptions.** (a) for offences under the UAPA: the period can be extended up to 180 days (with court permission), (b) for NDPS cases: the period is 180 days for commercial quantity, (c) the accused must still apply for default bail — the extension must be sought by the prosecution before the original period expires.
 +  - **Step 7: File RTI.** File RTI with the police department asking for: (a) the number of cases where default bail was granted, (b) the number of cases where the charge sheet was not filed within 60/90 days, (c) the average time for charge sheet filing.
 +
 +See [[https://righttoinformation.wiki/bail-non-bailable-bnss-480|Bail under BNSS 480]] and [[https://righttoinformation.wiki/default-bail-charge-sheet-extra-copies-not-mandatory|Default Bail]].
 +
 +{{tag>default bail charge sheet 60 90 days bnss 167 right automatic conditions 2026}}