In Bharatiya Nagarik suraksha Samhita(BNSS), which court may grant default bail after time limit lapses?
- (a)District Court
- (b)Magistrate
- (c)High Court
- (d)Gram Nyayalaya
Answer
Why
Correct — B. Section 187 of the Bharatiya Nagarik Suraksha Sanhita, 2023 governs detention while the police investigate. Under 187(3), no Magistrate may authorise custody for a total beyond:
ninety days, for offences punishable with death, life imprisonment or ten years or more
sixty days, for any other offence
When that period ends, the accused 'shall be released on bail' on furnishing it. That release, ordered by the Magistrate, is default bail → option (b).
Why the others are wrong
- (a)District Court — Section 187 frames the default-bail rule around the Magistrate who authorises detention during investigation. It does not name the District Court.
- (c)High Court — The High Court has separate, wider bail powers, but the statutory default bail of Section 187 arises before the Magistrate who orders detention during investigation.
- (d)Gram Nyayalaya — Gram Nyayalayas are village-level courts set up under the Gram Nyayalayas Act, 2008. BNSS Section 187 speaks of the Magistrate, not of these courts.
Concept
The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) replaced the Code of Criminal Procedure, 1973 and came into force on 1 July 2024. Its Section 187 carries over the old CrPC Section 167.
An arrested person must be produced before a Magistrate within 24 hours, and the Magistrate decides custody while the investigation continues. Police custody is capped at 15 days in all.
Default bail is the right that arises when the police do not complete the investigation within the 60- or 90-day limit.
Key facts
- BNSS Section 187(3): detention during investigation is capped at 90 days for offences punishable with death, life imprisonment or ten years or more, and 60 days for any other offence.
- On expiry of that period the accused 'shall be released on bail' if prepared to and does furnish bail.
- BNSS, 2023 came into force on 1 July 2024, replacing the CrPC, 1973.
- Police custody under Section 187(2) cannot exceed 15 days in total.
Study next
Common traps
- Picking a higher court because bail feels like a High Court matter, when default bail is decided at the Magistrate's level.
- Mixing up the 15-day police-custody cap with the 60- and 90-day limits on total detention.
The limits behind default bail are asked at 15 Sep 2025, 16:00, GA Q.17 and 16 Sep 2025, 12:30, GA Q.17 (the 60-day cap), and the 15-day police-custody cap at 12 Sep 2025, 12:30, GA Q.18.
Related PYQs
No directly related past PYQ was found.