Section 167(2) CrPC (Default / Statutory Bail): The 60/90-Day Rule Explained (2026)

Legal Section Explainer · Criminal Procedure

Updated for 2026 · Claw Editorial

Section 167(2) CrPC is the section that stops an investigation from keeping a person in jail without limit. If the police do not file the chargesheet in time, the accused has a right to be released on bail, whatever the strength of the case. This guide explains the 60 and 90 day rule in simple words, what "indefeasible right" means, how the rule continues under Section 187 of the BNSS, and how to apply.

The short answer

What it is: Section 167(2) CrPC limits custody during investigation to 60 or 90 days.
The right: if no chargesheet is filed in time, the accused is entitled to default (statutory) bail on offering bail.
90 days: death, life, or imprisonment of ten years or more. 60 days: everything else.
Special laws: UAPA and NDPS allow longer periods.
BNSS: the rule continues in Section 187 BNSS.

01The short definition

Section 167(2) of the CrPC lets a Magistrate keep an accused in custody during investigation only for a limited time. The limit is 90 days for offences punishable with death, life imprisonment or imprisonment of ten years or more, and 60 days for all other offences. If the chargesheet is not filed by then and the accused is ready to furnish bail, the accused must be released. This is called default bail or statutory bail.

It is called "default" because the right arises from the default of the investigating agency, not from the merits of the case. It is a section about time limits and personal liberty under Article 21 of the Constitution.

Not the same as regular bail

Regular bail (for example under Sections 437 and 439 CrPC) depends on the facts, the seriousness of the offence and the risk of flight or tampering. Default bail depends only on whether the chargesheet was filed within the time allowed.

02What Section 167(2) says

Section 167 deals with the situation where an investigation cannot be finished within 24 hours of arrest. The police send the accused to the nearest Magistrate with the case diary. Sub-section (2) then lets the Magistrate authorise detention, with these limits.

Police custody: not more than 15 days in total in the whole investigation.
Judicial custody: the Magistrate may authorise detention beyond 15 days, but the total detention cannot go beyond 90 days (death, life, or imprisonment of ten years or more) or 60 days (any other offence).
On expiry: the accused shall be released on bail if he is prepared to and does furnish bail. Every person so released is deemed to be released under Chapter XXXIII of the Code.

The Magistrate does not need to be a trial court. Even a Magistrate who cannot try the case can authorise detention under this section, so the application for default bail is made before the Magistrate who holds the remand.

03Key ingredients

Default bail is available only when each of these is present.

The accused is in custody on a remand order under Section 167, and has been in custody for the full 60 or 90 days.
No chargesheet has been filed within that period. A chargesheet (final report under Section 173) filed on time, even if further investigation is still going on, ends the right.
The correct period applies. The 90-day period applies only where the offence carries death, life, or a minimum of ten years or more. A common dispute is whether an offence punishable with "up to" ten years falls in the 60 or 90 day bucket. The Supreme Court has held that the 90-day period applies where the minimum punishment is ten years or more, so offences with a maximum of ten years only fall in the 60-day category.
The accused is ready to furnish bail. The right is to be released on bail, which means bail bonds and sureties as the court directs. It is not a right to walk free without any conditions.
The accused applies in time. The right must be claimed before the chargesheet is filed.

Cognizable, bailable, triable by

Section 167 is a procedural section, not an offence, so it has no punishment, no classification as cognizable or bailable, and no trial forum of its own. What matters is the offence the accused is charged with: its punishment decides whether the 60 or 90 day period applies, and the court that tries that offence is the trial court.

04The indefeasible right

The Supreme Court has repeatedly called default bail an "indefeasible right". That means it cannot be defeated by the prosecution once it accrues. The main points from the case law are these.

It accrues on the day after the period ends. If no chargesheet is filed by then, the right is there.
The accused must apply. The court does not have to release on its own, but the right is enforceable once the accused offers to furnish bail. In Uday Mohanlal Acharya v State of Maharashtra (2001), the Court said the right is lost if the accused does not apply before the chargesheet is filed.
Filing the chargesheet after the application is made does not defeat the right. In Rakesh Kumar Paul v State of Assam (2017) and later cases, the Court held that a chargesheet filed after the accused has already applied cannot take away default bail.
Extension of time is only by law. A court cannot extend the 60 or 90 days on its own. Longer periods exist only where a special statute allows them.

Always check the latest ruling

Courts have refined the rules on timing, on whether a Magistrate can extend time under special Acts, and on cancellation of default bail. Read the current judgments before you rely on a point.

05Longer periods under special laws

Some special statutes change the 60 and 90 day limits for the offences they cover. Do not assume the general rule applies if the case is under a special law.

UAPA: Section 43D(2) allows a longer detention period, up to 180 days in total, if the court is satisfied with the public prosecutor's report on the progress of the investigation.
NDPS Act: Section 36A(4) allows up to 180 days, which may be extended to one year, for certain serious offences.
Other Acts (for example some state organised-crime laws) have their own limits.

In these cases the default bail clock runs on the longer period given in the special law. For the exact limits and conditions, read the section of the special Act itself.

06How to apply for default bail

The steps in practice are simple, and timing is everything.

Count the days. Count from the date of first remand under Section 167. Note whether the offence falls in the 60 or 90 day category. Check the case file and the remand orders.
Check that no chargesheet was filed. Confirm with the court record and the case diary, not only the police.
File the application before the Magistrate who holds the remand, stating the date of arrest, the dates of remand, the offence, the date the period expired, and that no chargesheet has been filed. State clearly that the accused is ready to furnish bail. Apply on the first day the right accrues.
Get an order and furnish the bail bonds and sureties. Courts often ask for conditions such as surrendering the passport or reporting to the police.
If refused wrongly, approach the Sessions Court or the High Court.

Note that the prosecution can ask for cancellation of default bail on other grounds, and the accused may be re-arrested for a fresh offence. Quashing of the FIR under Section 482 CrPC is a separate remedy and does not depend on the time limit.

07BNSS 2023 equivalent: Section 187

The Bharatiya Nagarik Suraksha Sanhita, 2023 replaced the CrPC from 1 July 2024. The provision on detention during investigation is now Section 187 BNSS. Sub-section (3) carries the same 60 and 90 day default bail rule. The numbers may differ from the CrPC, so always cite the correct Act for the date of the offence.

Same limits: 90 days for offences with death, life or imprisonment of ten years or more, and 60 days for others.
Police custody in parts: the 15 days of police custody can be taken in parts within the first 40 days (60-day cases) or 60 days (90-day cases).
Open question: courts are still working out how the BNSS wording applies to the 60 versus 90 day classification, so check the latest rulings.

For the full table of old and new section numbers, see our CrPC to BNSS section mapping guide. Offence sections have also moved from the IPC to the BNS 2023, which can change which period applies.

For a different statute that also depends on a strict statutory process, you may like our explainers on Section 7 IBC and Section 34 of the Arbitration Act.

08Where Claw fits

Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.

Default bail turns on dates and on current case law. Claw covers 9,102 forums and lets you search over 30 crore judgments, with results in under 5 seconds, so you can find the latest rulings on Section 167(2) and Section 187 BNSS, and on how courts treat the 60 and 90 day count. Once a matter is on your list, you can track related cases by party name. Create a FREE Claw account to search 30 crore+ judgments on this section and track related cases by party name. The free plan is for individual advocates; teams and enterprises are on paid plans.

If you also need to chase payment from a client or counterparty, see our guide to legal collections software.

09Sources and further reading

India Code (bare acts, CrPC 1973 and BNSS 2023): indiacode.nic.in
Supreme Court of India (official judgments): sci.gov.in
Claw: clawlaw.in

This article is general information, last verified October 2026, and is not legal advice. Always read the bare act and the latest judgments before filing.

10Frequently asked questions

What is default bail under Section 167(2) CrPC?

It is bail that an accused gets as of right when the police do not file the chargesheet within 60 or 90 days of remand. It is also called statutory bail. The right arises from the delay of the investigating agency, not from the merits of the case.

When does the 90-day rule apply and when does the 60-day rule apply?

The 90-day period applies to offences punishable with death, life imprisonment or imprisonment of ten years or more. The 60-day period applies to all other offences. Check the punishment of the specific offence charged.

Can the court extend the 60 or 90 days?

Not under the general law. A longer period is available only where a special statute allows it, for example under UAPA or the NDPS Act. Even then the extension must follow the conditions in that Act.

Is default bail still available if the chargesheet is filed after I apply?

Generally yes. The Supreme Court has held that if the accused has already applied and offered to furnish bail, a later chargesheet does not defeat the right. Timing of the application is therefore very important. Check the latest rulings for your facts.

What is the BNSS equivalent of Section 167(2) CrPC?

Section 187 BNSS, 2023, with the default bail rule in sub-section (3). The 60 and 90 day limits are the same. Section numbers may differ from the CrPC, so confirm them against the bare act.

Does default bail mean the case is over?

No. It only means the accused is released while the case continues. The trial or investigation goes on, and the court can still cancel bail on valid grounds.