E-filing of final reports after court hours is reckoned as the next working day for default bail.

In brief

The question

1. Whether the 90-day period for filing a charge sheet under Section 187(3)(i) of the BNSS applies to offences punishable with imprisonment up to 10 years but without a minimum sentence.

The court held

The court held that the petitioners were entitled to statutory/default bail as the final report was filed after the 60-day period.

It also directed

The court clarified that for the purpose of default bail, e-filings after 5:00 p.m. are reckoned as instituted on the next working day.

The bail was granted subject to a bond of Rs. 1,00,000/- with two solvent sureties and specific conditions regarding non-tampering of evidence and restricted travel.

01Facts

The petitioners (Accused Nos. 1 and 4) were arrested on 30.12.2025 for alleged possession of 4.22 grams of MDMA under Sections 22(b) and 29 of the NDPS Act.

p. 3

They were remanded to judicial custody on the same day.

p. 3

The investigating agency electronically filed (e-filed) the final report on 28.02.2026 at 6:02 p.m., which was the 60th day of custody.

p. 12

The physical copy reached the court on 02.03.2026.

p. 12

The petitioners sought default bail, arguing the final report was filed beyond the prescribed 60-day limit.

pp. 3-4

02Issues

i.1. Whether the 90-day period for filing a charge sheet under Section 187(3)(i) of the BNSS applies to offences punishable with imprisonment up to 10 years but without a minimum sentence.

pp. 5-6

ii.2. Whether an electronic filing made after court hours (5:00 p.m.) can be reckoned as being filed on the same day for the purpose of computing the limitation for default bail.

pp. 11-12

03Law Applied

The court applied Section 187(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which replaces Section 167(2) of the Cr.P.C.

p. 5

It relied on the Supreme Court’s interpretation in Rakesh Kumar Paul v. State of Assam, holding that the 90-day limit applies only to offences with a minimum threshold of 10 years' imprisonment.

p. 6

The court further applied Rule 13 of the Electronic Filing Rules for Courts (Kerala), 2021, and Rules 4 & 5 of the Criminal Rules of Practice, Kerala, 1982, which establish that filings after 5:00 p.m. are deemed instituted on the next working day.

pp. 11-12

Provisions in the judgment · 8 · Linked ones open on LawLens

Bharatiya Nagarik Suraksha Sanhita, 2023 Section 57 Section 187 Section 483

Narcotic Drugs and Psychotropic Substances Act, 1985 Section 22 Section 29

Code of Criminal Procedure, 1973 Section 167

Prevention of Corruption Act, 1988 Section 13

Bharatiya Nyaya Sanhita, 2023 Section 310

04Reasoning

Regarding the first issue, the court observed that while Section 187(3)(i) of the BNSS uses the phrase "ten years or more" (replacing "not less than ten years"), the legislative intent remains aligned with the Rakesh Kumar Paul dictum: the 90-day period is reserved for graver offences involving death, life imprisonment, or a minimum 10-year term.

pp. 9-10

Since Section 22(b) of the NDPS Act prescribes a maximum of 10 years without a minimum, the 60-day limit applies.

pp. 10-11

Regarding the second issue, the court analyzed Rule 13 of the Electronic Filing Rules. It held that since the Registry closes at 5:00 p.m. per the Criminal Rules of Practice, any e-filing received at 6:02 p.m. is legally recorded as filed on the 61st day.

p. 12

Therefore, the prosecution failed to complete the investigation within the "indefeasible" statutory period.

p. 5

05Holding

The court held that the petitioners were entitled to statutory/default bail as the final report was filed after the 60-day period.

p. 12

The court clarified that for the purpose of default bail, e-filings after 5:00 p.m. are reckoned as instituted on the next working day.

p. 12

The bail was granted subject to a bond of Rs. 1,00,000/- with two solvent sureties and specific conditions regarding non-tampering of evidence and restricted travel.

p. 13

LawLens.Kerala High Court

Original Court PDF