Section 187(3)(i) BNSS Fixes 90-Day Limit For Filing Charge Sheet, State 120-Day Extension Stands Repealed With CrPC; Orissa High Court Grants Default Bail And Sets Aside Magistrate’s Order
Safiya Malik
The High Court of Orissa Single Bench of Justice Aditya Kumar Mohapatra, in a clarification on the new procedure under the Bharatiya Nagarik Suraksha Sanhita (BNSS), held that the State amendment which had extended the time for filing a charge-sheet from 90 to 120 days under the Code of Criminal Procedure stands repealed along with the CrPC. The Court stated that investigations must now be completed and the charge-sheet filed within 90 days as required by Section 187(3)(i) BNSS, failing which an accused in custody is entitled to be released on default bail. In a cybercrime case under the Bharatiya Nyaya Sanhita and the Information Technology Act, the Court set aside the Magistrate’s refusal of default bail and directed reconsideration accordingly.
The petition was filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking quashing of the order dated 11.08.2025 passed by the S.D.J.M., Balasore in connection with Balasore Cyber P.S. Case No.12 of 2025 corresponding to C.T. Case No.198 of 2025. The case originated from an FIR lodged on 17.03.2025 at 16:30 hours at Cyber Crime & Economic Offences, Balasore Police Station, alleging offences under Sections 3(5), 318(4), 319(2), 336(3), 338, 340(2) of the Bharatiya Nyaya Sanhita along with Sections 66-C and 66-D of the Information Technology Act, 2008.
The petitioners were arrested on 10.05.2025. They remained in custody for 90 days, but no charge-sheet had been filed within that period. On the 92nd day, i.e., 12.08.2025, the petitioners filed an application under Section 187(3) BNSS seeking default bail. Both sides admitted that the charge-sheet had not been filed before the trial court at the time of hearing of the default bail application and had been filed only after rejection of the application.
The petitioners argued that since the FIR was registered after the BNSS came into force, the investigation and trial must adhere to BNSS provisions, including the 90-day limit under Section 187(3). They contended that the trial court erred by applying the Odisha Amendment to Section 167 CrPC (Odisha Act 11 of 1997), which extended the default bail period to 120 days under the repealed CrPC.
The State submitted that the Odisha Amendment continued to operate and that the 120-day period applied. It relied on the Odisha Gazette Notification dated 01.10.2024 to argue that for offences with punishment of life imprisonment or ten years or more, the investigation period remained 120 days.
The dispute centred on whether the Odisha Amendment survived the repeal of the CrPC after introduction of the BNSS and whether the petitioners acquired an indefeasible right to default bail due to non-filing of the charge-sheet within 90 days.
The Court recorded that “the question which falls for determination… is with regard to interpretation of Section 187 of the BNSS, 2023 and as to whether the accused Petitioners are entitled to be released on default bail.” It examined whether the Odisha Amendment to Section 167 CrPC “would continue to remain in force even after introduction of the BNSS, 2023.”
While analysing Section 531 BNSS, the Court stated that “the Code of Criminal Procedure, 1973 has been repealed with the coming into force of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.” It further recorded that Section 531(2) “saves any pending appeal, application, trial, inquiry or investigation which has been filed prior to the date the BNSS, 2023 came into force.” The Court then observed that “on a close scrutiny of Section 531… it appears that the State Amendment made to the Code, 1973 have not been specifically saved.”
The Court stated that “by virtue of the Amendment, the amending provisions have become an integral part of the main statute.” It then recorded that “there is no doubt that by operation of Section 531(1) … the effect of the State Amendment including Odisha Act 11 of 1997 gets obliterated.” It noted that “what is in force now is the provision contained in Section 187 of the BNSS, 2023.”
It further observed that “since Section 187(3)(i) provides 90 days for the category of offence involved… the charge-sheet in the present case should have been filed within 90 days.” The Court also referenced the Odisha Submission of Final Form by Police Officers Rules, 2025, stating that Rule 2(1)(i) “specifically stipulates that the investigation in a case of the present nature is to be completed within 90 days.” It recorded that Rule 2(1)(iii) provides that failure to complete investigation within the stipulated period gives the accused “right to be released on default bail.”
Regarding the trial court’s reliance on notifications dated 16.07.2024 and 27.09.2024, the Court stated that such notifications “have no bearing on the outcome.” It added that the notifications “do not interfere in any manner with either Section 187… or Section 531.”
The Court further recorded that the trial court “appears to have been misguided” by referring to the notifications and held that “the period of limitation… is 90 days and not 120 days.”
The Court held that “order dated 11.08.2025 at Annexure-2 passed by the S.D.J.M., Balasore in C.T. Case No.198 of 2025 is hereby quashed. The matter is remanded back to the learned trial Court to reconsider the application of the Petitioners for their release on default bail by applying the principle laid down hereinabove: Such reconsideration must be completed “within a period of two weeks from the date the Petitioners approach the learned trial Court along with a certified copy of this order. The CRLMC application stands disposed of.”
Advocates Representing the Parties
For the Petitioners: Mr. Sk. Zafarulla, Advocate
For the Respondent-State: Smt. Sasmita Nayak, Additional Standing Counsel
Case Title: Vicky Kumar @ Kashyap and another v. State of Odisha
Case Number: CRLMC No.3669 of 2025
Bench: Justice A.K. Mohapatra
