Court rules electronic filing after hours extends the statutory period, entitling accused to bail under new legal provisions.
In a significant decision, the Kerala High Court, presided over by Dr. Kauser Edappagath J., granted default bail to Aboobacker Siddique and another accused under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act), due to a delay in filing the final investigation report. This ruling highlights the critical importance of adhering to statutory periods under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, particularly in electronic filings.
The case revolved around the arrest of the accused on December 30, 2025, for allegedly possessing 4.22 grams of MDMA, an offence under Section 22(b) of the NDPS Act, punishable with up to ten years of imprisonment but without a mandatory minimum sentence. The statutory period for filing the final report in such cases is sixty days. However, the prosecution submitted the final report electronically on the sixtieth day, February 28, 2026, at 6:02 p.m., which was after the court's official working hours.
Under Section 187(3) of the BNSS and the Electronic Filing Rules for Courts (Kerala), 2021, filings received post 5:00 p.m. are considered instituted the next working day. Thus, the filing was deemed to have occurred on March 1, 2026, effectively exceeding the statutory period. This procedural nuance entitled the accused to default bail, a right linked to Article 21 of the Constitution of India, ensuring no arbitrary curtailment of personal liberty before conviction.
The court emphasized that the statutory bail under Section 187 of BNSS is not just a procedural right but a fundamental one, reinforcing the judiciary's role in safeguarding individual freedoms against procedural delays.
This decision underscores the judiciary's commitment to uphold procedural integrity and ensure that the rights of the accused are not compromised due to administrative lapses. The ruling also serves as a precedent for handling similar cases under the BNSS and emphasizes the importance of timely and correctly filed reports by prosecuting agencies.
Bottom line:-
Default bail under Section 187(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 is available when the final report is filed beyond the statutory period of sixty days for offences punishable with imprisonment up to ten years without a minimum threshold. Electronic filing received after 5:00 p.m. is deemed to have been instituted on the next working day for computing limitation.
Statutory provision(s):
Bharatiya Nagarik Suraksha Sanhita, 2023 Section 187(3), Narcotic Drugs and Psychotropic Substances Act, 1985 Section 22(b), Criminal Procedure Code, 1973 Section 167(2), Electronic Filing Rules for Courts (Kerala), 2021 Rule 13.
Aboobacker Siddique v. State of Kerala, (Kerala) : Law Finder Doc id # 2911562
