Understanding Default Bail in India – A Complete Guide by Kamal Law Firm

When a person is arrested in India, one of the most important questions that arises is how and when bail can be granted. While many people know about regular bail and anticipatory bail, very few understand the concept of default bail. At Kamal Law Firm, we believe that every citizen should know their legal rights, especially when it comes to personal liberty. In this blog, our advocate explains what default bail means, when you can apply for it, and why it is considered a fundamental right under criminal law.

What is Default Bail?

Default bail, also known as statutory bail, is a legal right available to an accused person when the investigating agency fails to complete the investigation within the prescribed period of time.

According to Section 167(2) of the Code of Criminal Procedure (CrPC), if the police cannot file a charge sheet within:

1. 60 days – in cases where the offense is punishable with less than 10 years of imprisonment.


2. 90 days – in cases where the offense is punishable with death, life imprisonment, or more than 10 years of imprisonment.

Then, the accused person gets the right to default bail.

This means that once the time limit is over, the court must grant bail if the accused applies for it, regardless of the seriousness of the offense.

Why is Default Bail Important?

Default bail is not just a technicality – it is a fundamental safeguard of personal liberty. The Constitution of India guarantees that no one can be deprived of life or liberty except according to procedure established by law. If the investigation agency fails to complete its duty within time, the accused cannot be kept in jail endlessly.

Thus, default bail ensures a balance between investigation needs and individual freedom.

Example of Default Bail

Let us understand this with an example:

Suppose an FIR is registered against a person for an offense punishable with 7 years of imprisonment. The police arrest him and start the investigation. If the police fail to file the charge sheet within 60 days, the accused can immediately file an application in court for default bail.

Once the 60 days are over, the court has no choice but to release the accused on bail, provided the application is filed.

If the case was punishable with life imprisonment, then the time limit would be 90 days, after which default bail becomes available.

Who Can Apply for Default Bail?

Any person who is in judicial custody and whose investigation period has crossed 60 or 90 days without a charge sheet being filed can apply. The accused must apply on the very next day after the investigation period ends, otherwise the prosecution may quickly file the charge sheet and the right may be lost.

Therefore, it is very important to consult an experienced criminal lawyer in Delhi immediately if you or your loved one is in custody. At Kamal Law Firm, we regularly handle such cases and ensure that the rights of our clients are protected.

Legal Provisions for Default Bail

1. Section 167(2), CrPC – Provides the statutory right to default bail.


2. Supreme Court Judgments – The Hon’ble Supreme Court has consistently held that default bail is an absolute right of the accused once the statutory period is over.


3. Human Rights Perspective – The law recognizes that no one should be kept in jail indefinitely without completion of investigation.

Why You Should Consult Kamal Law Firm

At Kamal Law Firm, Dwarka Mor, Delhi, our experienced advocates provide expert guidance in criminal law cases, including default bail, anticipatory bail, and regular bail matters. We understand that being in custody is stressful for both the accused and the family, and timely legal action can make a huge difference.

1. ✅ Experienced Criminal Lawyers in Delhi


2. ✅ Specialized in Bail Matters (Regular, Anticipatory & Default Bail)


3. ✅ Quick Response & Dedicated Legal Support


4. ✅ Client-Centered Approach

FAQs on Default Bail

Q1. Can default bail be refused?

No, if the time period is over and the accused applies correctly, the court must grant default bail.

Q2. Is default bail permanent?

Default bail grants liberty, but the accused may still face trial once the charge sheet is filed.

Q3. Can default bail be cancelled later?

Yes, the prosecution can apply for cancellation if the accused misuses the liberty, such as by threatening witnesses or absconding.

Final Thoughts

Default bail is not a loophole in law; it is a fundamental right that protects personal liberty. The investigation agency must complete its duty within the prescribed time, failing which the accused should not be kept behind bars unnecessarily.

If you or someone you know is facing custody and the investigation has crossed 60 or 90 days without a charge sheet, you should immediately consult an expert criminal lawyer. At Kamal Law Firm, Delhi, we are committed to defending your rights and ensuring that justice is delivered on time.