GetNyay

Default bail calculator

The 60- and 90-day limits in section 187 of the BNSS, and the undertrial release point in section 479.

The offence under investigation is

The first remand order. Detention authorised by an Executive Magistrate under s. 187(6) counts towards the total.

Quick answer

Under section 187(3) of the Bharatiya Nagarik Suraksha Sanhita, a Magistrate may not authorise detention during investigation for more than 90 days where the offence is punishable with death, life imprisonment or ten years or more, or 60 days for any other offence. When that period expires, the accused shall be released on bail if prepared to furnish it. Separately, section 479 requires release of an undertrial who has been detained for half the maximum sentence — one-third for a first-time offender — unless the court records reasons otherwise.

Key takeaways

  • The limit is 90 days for offences punishable with death, life imprisonment or ten years or more, and 60 days for everything else (s. 187(3)).
  • Police custody within that period is fifteen days in all, and only within the first 60 days of a 90-day case or the first 40 of a 60-day case (s. 187(2)).
  • On expiry, release is on bail — the accused has to be prepared to furnish it, and stays in custody until it is furnished (s. 187(3), Explanation I).
  • Section 479 is a different clock, running through investigation and trial: half the maximum sentence, or one-third for a first-time offender. It does not apply to offences punishable with death or life imprisonment.
  • Neither clock is a guarantee of release — both have conditions, and the court applies them to the facts.
Detention during investigation, drawn to scale (days)
Death, life or 10+ yearslimit 90 days

Up to 15 days of police custody, only within the first 60 days (shaded); the rest is judicial custody.

Any other offencelimit 60 days

Up to 15 days of police custody, only within the first 40 days (shaded); the rest is judicial custody.

BNSS s. 187(2) and (3). Both bars share one scale of 90 days.

How the calculator works

Default bail. You choose which category the offence falls in and enter the date the Magistrate first authorised detention. The tool counts 90 or 60 days from that date. Because the Sanhita does not say whether the first day counts, it gives both dates: counting the first day as day one, and not counting it. It also gives the last date on which police custody may be authorised.

Undertrial release. You enter the maximum imprisonment for the offence in whole years, whether the person is a first-time offender, and the date detention began. The tool takes one-half of the maximum (or one-third) in months and adds it to the start date by calendar month. It does not subtract time lost to delay caused by the accused, or decide whether more than one case is pending — both are for the court, and both are listed with the result.

The two categories under section 187
Death, life, or 10 years or moreAny other offence
Longest total detention during investigation90 days60 days
Police custody, in all15 days15 days
Police custody only within the first60 days40 days
On expiry without completion of investigationReleased on bail if furnishedReleased on bail if furnished

BNSS s. 187(2) and (3). Detention authorised by an Executive Magistrate under s. 187(6), for up to seven days where a Judicial Magistrate is not available, counts towards the total.

Which category is the offence in?

The test is the punishment the law prescribes for the offence under investigation, not what a court might award. If the section provides death or life imprisonment as one of the punishments, or a term that can reach ten years, the 90-day limit applies. Everything else is 60 days.

Examples read from the Bharatiya Nyaya Sanhita: murder (s. 103), rape (s. 64) and abetment of suicide (s. 108, up to ten years) are 90-day offences. Cheating under s. 318(4) (up to seven years) and criminal breach of trust under s. 316(2) (up to five) are 60-day offences. Where the classification is unclear — several offences charged together, or a special law — the investigating officer’s remand application and the Magistrate’s order will state the sections, and that is where to look.

Undertrial release under section 479

Section 479 applies at every stage — investigation, inquiry and trial — and to offences under any law, except those for which death or life imprisonment is one of the punishments. It is not a limit on what a Magistrate may authorise; it is a duty on the court to release once the threshold is reached.

Release thresholds under section 479(1)
Maximum sentenceOne-half (release on bail)One-third, first-time offender (release on bond)
1 year6 months4 months
3 years1 year 6 months1 year
5 years2 years 6 months1 year 8 months
7 years3 years 6 months2 years 4 months
10 years5 years3 years 4 months

The court may, after hearing the Public Prosecutor and for reasons recorded in writing, order continued detention beyond one-half, or release on bail bond instead of bond. No one may be detained for longer than the maximum sentence. Time lost to delay caused by the accused is excluded, and s. 479(2) bars release where more than one offence or case is pending.

Worked examples

Example 1: A murder investigation

Offence
BNS 103, murder — punishable with death
First remand
1 March 2026
  1. 1.Punishable with death, so the 90-day limit applies (s. 187(3)(i)).
  2. 2.Counting 1 March as day one, day 90 is 29 May 2026. Not counting it, day 90 is 30 May 2026.
  3. 3.Police custody can only be authorised within the first 60 days: up to 29 April 2026, counting 1 March as day one.
Result

If the investigation is not complete by the end of the 90 days, the accused is to be released on furnishing bail.

Example 2: A cheating investigation

Offence
BNS 318(4) — up to seven years
First remand
10 January 2026
  1. 1.The maximum is below ten years, so the 60-day limit applies (s. 187(3)(ii)).
  2. 2.Counting 10 January as day one, day 60 is 10 March 2026. Not counting it, day 60 is 11 March 2026.
  3. 3.Police custody only within the first 40 days: up to 18 February 2026.
Result

If the investigation is not complete by the end of the 60 days, release on bail follows once bail is furnished.

Example 3: An undertrial on a seven-year charge

Maximum sentence
7 years
Detained since
15 August 2023
Previous convictions
None
  1. 1.Not punishable with death or life, so s. 479 applies.
  2. 2.A first-time offender: one-third of 84 months is 28 months.
  3. 3.15 August 2023 plus 28 months is 15 December 2025. Without first-offender status, one-half is 42 months: 15 February 2027.
Result

The court is to release on bond from 15 December 2025, subject to the conditions in s. 479.

More questions about this page

What is default bail under BNSS section 187?▼
It is release that follows when the police have not completed the investigation within the longest detention the law allows: 90 days for offences punishable with death, life imprisonment or ten years or more, and 60 days for other offences. On expiry of that period the accused shall be released on bail if prepared to furnish it and does so.
Is default bail 60 or 90 days?▼
It depends on the offence. Section 187(3) sets 90 days where the investigation relates to an offence punishable with death, imprisonment for life, or imprisonment for a term of ten years or more, and 60 days for any other offence. What counts is the punishment the law prescribes, not the likely sentence.
How many days of police custody are allowed under BNSS?▼
Fifteen days in all, which a Magistrate may authorise in one stretch or in parts. They can only fall within the first 40 days of a 60-day case or the first 60 days of a 90-day case. The rest of the detention is judicial custody. Every authorisation of police custody needs the accused produced in person (s. 187(2), (4)).
Does the accused get released automatically after 90 days?▼
Not automatically. Section 187(3) says the accused shall be released on bail if prepared to furnish bail and does furnish it, and Explanation I says detention continues so long as bail is not furnished. The right follows from the investigation not being completed within the period, so the timing of the police report matters.
What is section 479 of the BNSS?▼
It limits how long an undertrial can be held. A person detained during investigation, inquiry or trial for up to one-half of the maximum sentence shall be released on bail; a first-time offender, after one-third, on bond. It does not apply to offences punishable with death or life imprisonment, or where more than one case is pending.
Can the court refuse release under section 479?▼
Yes, in part. After hearing the Public Prosecutor and recording reasons in writing, the court may order continued detention beyond one-half of the maximum, or release on bail bond instead of bond. But no one may be detained for longer than the maximum sentence for the offence during investigation, inquiry or trial.

Official sources checked

The statutes, rules and regulator pages the statements on this page were checked against.

Not legal advice. GetNyay is not a law firm and does not practise law. The dates are counted from what you enter; whether the conditions are met is decided by the court. A person in custody is entitled to free legal aid whatever their income — contact the District Legal Services Authority, or call NALSA on 15100.

Ask GetNyay AI