The 60- and 90-day rule
Under Section 187(3) of the BNSS (earlier Section 167(2) of the CrPC), a person in custody must be released on bail if the investigation is not completed and the chargesheet is not filed within:
- 90 days, for offences punishable with death, life imprisonment, or imprisonment of ten years or more;
- 60 days, for all other offences.
The period runs from the date the Magistrate first authorised the detention. Special laws have longer periods, for example 180 days under the NDPS Act (extendable up to one year), and 90 days under the UAPA (extendable up to 180 days).
Apply before the chargesheet is filed
The Supreme Court has held that this right is indefeasible once it arises, but the accused has to claim it by applying, and be ready to furnish bail, before the chargesheet is filed. If the chargesheet comes in first, the right is generally lost and regular bail has to be sought. Timing is everything, so count the days early.
Release after long undertrial custody
Section 479 BNSS provides for release of an undertrial who has spent half of the maximum sentence for the offence in custody. A first-time offender can be released after one-third. This does not apply to offences punishable with death or life imprisonment.
Send the date of arrest and the date of the first remand order. The deadline can then be worked out exactly.