Orissa High Court Quashes Trial Court Order, Upholds 90-Day Period for Default Bail Under BNSS, 2023

The Orissa High Court clarifies the statutory period for filing a charge-sheet under the new BNSS, 2023, emphasizing the repeal of extended periods under the Cr.P.C. Odisha Amendment.

In a significant ruling, the Orissa High Court has quashed an order by the Sub-Divisional Judicial Magistrate (S.D.J.M.) in Balasore, which had erroneously applied a 120-day statutory period for filing a charge-sheet, based on the repealed Odisha Amendment to the Criminal Procedure Code (Cr.P.C.). The judgment, delivered by Justice A.K. Mohapatra on November 24, 2025, clarifies that the statutory period under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, for filing a charge-sheet is 90 days, not 120 days as previously extended by the Odisha Amendment to the Cr.P.C.

The case, Vicky Kumar @ Kashyap and another v. State of Odisha, centered on the petitioners' entitlement to default bail after the investigating agency failed to file a charge-sheet within the 90-day period mandated by Section 187(3)(i) of the BNSS, 2023. The petitioners had been in custody for 90 days following their arrest on charges including offenses under the Information Technology Act, 2008.

The trial court had initially denied the petitioners' application for default bail, relying on the repealed provisions of the Cr.P.C., which allowed a 120-day period following an Odisha-specific amendment. However, Justice Mohapatra emphasized that with the repeal of the Cr.P.C. by the BNSS, 2023, such state amendments no longer apply. The High Court's decision underscores the precedence of the central statute, BNSS, 2023, which clearly stipulates a 90-day period for completing investigations and filing charge-sheets for certain offenses.

Justice Mohapatra further noted that the Odisha Submission of Final Form by Police Officers Rules, 2025, aligns with the BNSS, 2023, by requiring the completion of investigations within 90 days. Consequently, the petitioners are entitled to default bail since the charge-sheet was not filed within this statutory period.

The ruling mandates the trial court to reconsider the petitioners' application for default bail in light of the High Court's clarification on the statutory period. This decision highlights the importance of aligning state procedures with central legislation, ensuring that the rights of accused individuals are protected under the correct legal framework.

Bottom Line:

BNSS, 2023 - Odisha Amendment to Cr.P.C. extending statutory period for filing charge-sheet to 120 days does not apply after the repeal of Cr.P.C. by BNSS, 2023. The statutory period for filing a charge-sheet under Section 187(3)(i) of BNSS, 2023 is 90 days.

Statutory provision(s): Bharatiya Nagarik Suraksha Sanhita, 2023 Section 187(3)(i), Section 531, Odisha Submission of Final Form by Police Officers Rules, 2025

Vicky Kumar @ Kashyap v. State of Odisha, (Orissa) : Law Finder Doc Id # 2812741