E-Filing After 5 PM on Final Day Entitles Accused to Default Bail

Source: Kerala High Court

Why in News? 

Dr. Justice Kauser Edappagath of the Kerala High Court, in the case of Aboobacker Siddique and Anr. v. State of Kerala and Anr. (2026), held that an accused is entitled to default bail if the final report is e-filed by the police after 5 PM on the last day of the prescribed statutory period. The Court reasoned that under the Electronic Filing Rules for Courts (Kerala), 2021, e-filings made after 5 PM are deemed to have been instituted on the next working day, meaning the final report would be treated as filed beyond the statutory period.

What was the Background of Aboobacker Siddique and Anr. v. State of Kerala and Anr. (2026) Case? 

• The petitioners were arrested on 30.12.2025 and were accused of offences under Section 22(b) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act — punishable with a maximum of 10 years' imprisonment — for allegedly being found in possession of 4.22 grams of MDMA kept for personal use and sale. 
• The final report was electronically filed by the police on 28.02.2026 at 6:02 PM — that is, after 5 PM on the 60th day from the date of remand — and its physical copy was forwarded to the trial court only on 02.03.2026. 
• The petitioners filed a bail application contending that since the e-filing was made after 5 PM on the 60th day, it would be deemed filed on the next working day under the Electronic Filing Rules, thus falling beyond the statutory period and entitling them to default bail under Section 187(3) of the BNSS.

What were the Court's Observations? 

• On the effect of e-filing after 5 PM: The Court held that a conjoint reading of Rules 13(1) and 13(2) of the Electronic Filing Rules for Courts (Kerala), 2021 with Rules 4 and 5 of the Criminal Rules of Practice makes it clear that for the purpose of computing limitation, electronic filings received up to 5 PM are treated as instituted on that day, while filings made after 5 PM are deemed instituted only on the next working day. Since the final report was e-filed at 6:02 PM on the 60th day, it was deemed filed on the 61st day — beyond the statutory period — entitling the petitioners to default bail. 
• On the applicable statutory period — 60 days or 90 days: The Court rejected the prosecution's contention that the applicable period was 90 days on the ground that the offence was punishable with imprisonment extending to 10 years. Interpreting Section 187(3)(i) of the BNSS alongside its predecessor provision under Section 167(2) of the CrPC, the Court held that the 90-day period applies only where the offence carries the death penalty, life imprisonment, or a minimum sentence of 10 years. Offences punishable with imprisonment that may extend up to 10 years but without a minimum threshold fall within the 60-day category. 
• On the rationale behind the distinction: The Court explained that the distinction between the 60-day and 90-day periods reflects the recognition that graver offences necessitate more comprehensive investigation. A longer period enables the investigating agency to gather adequate evidence without undue pressure, whereas offences punishable with up to 10 years are presumed to involve comparatively simpler inquiries. This classification seeks to balance the liberty of the accused with the State's interest in effective law enforcement. 
• On alignment between CrPC and BNSS: The Court clarified that proviso (a)(i) to Section 167(2) CrPC and Section 187(3)(i) BNSS are substantially aligned, with only minor changes in phraseology. The 60-day and 90-day framework remains intact, reflecting legislative adherence to the same underlying rationale, and the principle that default bail is linked to the seriousness of the offence stands unchanged. 
• Since Section 22(b) of the NDPS Act carries a maximum punishment of 10 years with fine but prescribes no minimum term, the Court held that the 60-day period applied. As the final report was e-filed after 5 PM on the 60th day, it was deemed filed beyond the statutory period, and the petitioners were accordingly entitled to statutory bail. The bail application was allowed subject to conditions.

What is Default Bail? 

Section 187 BNSS — Default Bail: 

• Default bail (also called statutory bail, compulsive bail, or indefeasible right to release) is granted when the investigating agency fails to file the chargesheet within the prescribed statutory period. 
• At this stage, the court does not weigh evidence or consider gravity of offence or flight risk — expiry of the prosecution's deadline is the sole trigger.

Statutory Position: 

• Section 187 BNSS replaced Section 167 CrPC with effect from 1 July 2024, when BNSS commenced. 
• It falls under Chapter XII of the BNSS (Information to Police and Powers to Investigate). 
• Two sub-sections drive practitioner practice:  
  • Section 187(2): Caps police custody at 15 days within a wider window. 
  • Section 187(3): Sets the 60- and 90-day chargesheet filing deadlines; missing either triggers default bail. 

60 vs. 90 Days: 

• 60-day period applies to offences punishable with up to 10 years (with no minimum 10-year threshold); default bail accrues if chargesheet is not filed within 60 days of first remand; police custody of 15 days must be utilised within the first 40 days. 
• 90-day period applies to offences punishable with death, life imprisonment, or a minimum sentence of 10 years; default bail accrues if chargesheet is not filed within 90 days of first remand; police custody of 15 days must be utilised within the first 60 days. 
• The 60/90-day split is a deliberate legislative calibration, treating gravity of offence as a proxy for the time investigators reasonably need. 

New "Spread-Within" Mechanism under BNSS: 

• Under the old CrPC, the 15-day police custody window had to be availed upfront in one contiguous block. 
• BNSS now allows this 15-day custody to be split into segments — a few days now, a few days later — as long as:  
  • Total custody does not exceed 15 days; and 
  • All segments fall within the first 40 days (for 60-day offences) or first 60 days (for 90-day offences). 
• This changes how investigators plan custody requests and how defence counsel argue against them.