Under section 187(3) of BNSS, Non-Supply of Charge Sheet To Accused Not Ground For Default Bail: Supreme Court’s Landmark Ruling.

“The right to default bail ends with timely filing, not with timely supply.”

In a landmark judgment, the Supreme Court in Shaurya Sunil Kumar Singh Vs. The Central Bureau Of Investigation held that a non- supplying of charge sheet to the accused was not grounds for default bail, under section 187(3) of BNSS. 

 The implementation of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, has brought about a significant transformation in the framework of India’s Criminal Justice system.

Background of the case

This case originated from an investigation led by the Central Bureau of Investigation into a massive cyber fraud racket. The appellant, Shaurya Sunil Kumar Singh, was arrested on allegations of involvement in an online fraud amounting to approximately Rs. 3.81 crore.

Charged under various sections of the BNS, 2023

• Section- 61(2), this section refers to the Criminal Conspiracy.

• Section- 318, this section deals with cheating.

• Section- 336, this section refers to Forgery.

• Section- 340, it is referred to using a forged document as genuine.

The CBI filed a detailed charge sheet within the statutory time limit. However, a copy of the charge sheet was not immediately furnished to the accused. Taking advantage of this administrative delay, Singh approached the Bombay High Court. He argued that failure to provide a copy of the charge sheet violated his rights, thereby entitling him to ‘default bail’ under section 187(3) of BNSS. 

The Judgement of the case

The Supreme Court of India, delivered a judgment on the case of Shaurya Sunil Kumar Singh Vs. The Central Bureau Of Investigation. A bench of Justice Sanjay Karol and Justice Nongmeikapam Singh upheld the High court’s stance and dismissed the appeal.

The court has ruled that the matter of ‘default bail’ is strictly linked to the filing of the charge sheet in court by the investigating agency within the stipulated timeframe.

 No release due to technical error: A delay or failure on the part of the investigating agency to immediately provide the accused with a copy of the charge sheet does not entitle the accused to ‘default bail’ this is because it is not a failure of the investigation itself, but rather than a procedural matter.

Important Sections-

• Section 187(3): This is the legal provision that governs an accused person’s right to default bail and this is also known as statutory bail. This section replaced section 167(2) of the CRPC. 

It states that if the police or any investigation agency fails to complete the investigation and submit the charge sheet within the strictly prescribed timeframe, the court shall be obliged to release the accused on bail- provided, however, that the accused is willing and able to furnish the bail bond.

Submission to the court: A mandatory condition is that the investigation agency must submit its final investigation report or charge sheet to the magistrate within 60 or 90 days.

• Section 230: This section replaced section 207 of the old Code of Criminal Procedure. It serves as safeguard in ensuring a transparent and fair trial by eliminating ‘trial by ambush’.

This section prescribes a mandatory duty for the magistrate to provide free copies of the police report and other necessary documents, which form part of the prosecution’s case- to the accused and to the victim. These documents must be submitted to the magistrate within a period not exceeding 14 days from the date the accused appears or is produced before the court.

Equal rights for victims: Expanding the scope of the existing law, it explicitly states that a victim has an equal right to obtain these documents free of charge.

Importance of this judgements

• It prevents technical errors: had the Supreme Court delivered a different verdict, hundreds of accused individuals in complex financial, cyber, or terrorism, related cases could have demanded their release on the pretext of minor administrative delays.

• A different perspective on the rights of the accused: The court did not state that the accused is not entitled to receive the charge sheet. Under the law, the accused has the full right to receive it in order to prepare their defence; however, the remedy for a failure to provide it is a court directive for the immediate supply of a copy, not complete release from custody.

• Clarifying the interpretation of the BNSS: As courts define the scope of the 2023 criminal procedure law, this ruling serves as a firm precedent; it confirms that the established principles of the CrPC regarding ‘default bail’- granting due to the failure to file a charge sheet within the statutory timeframe- remain essentially unchanged and operative under the new terminology of the BNSS.

FAQs

OLQ LAW FIRM: Protecting Your Liberty Through Legal Support

1. What does Sec 187(3) BNSS deal with?

A: Police report/charge sheet to be given to accused & victim within 14 days of taking cognizance.

2. What is the Supreme Court’s ruling on non-supply of charge sheets?

A: Non-supply of charge sheet under Sec 187(3) BNSS is not a ground for default bail.

3. What is default bail under BNSS?

A: Right to bail u/s 187(2) BNSS if charge sheet not filed within 60/90 days.

4: Does delay in giving charge sheet copy to accused give default bail?

A: No, per SC ruling, only non-filing of charge sheet in court gives default bail.

5: How OLQ Law Firm assists on Sec 187(3) BNSS issue?

A: OLQ opposes default bail pleas wrongly filed citing non-supply of charge sheet.

How can OLQ help? 

• Oppose default bail for non-supply of charge sheet.

•  Secure charge sheet copy for victims u/s 187(3) BNSS.

•   Court applications for timely supply of police reports.

•   Protect prosecution cases from misuse of bail law.

•  Legal advice on BNSS bail strategy.

Contact OLQ for professional legal consultation on BNSS and bail matters.

 OLQ LAW FIRM

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