01Facts
The petitioner was arrested on 08.08.2025 in connection with Pengaree P.S. Case No. 21/2025, registered under Sections 64(2)(f) and 62 of the Bharatiya Nyaya Sanhita (BNS), 2023, read with Section 10 of the POCSO Act.
pp. 2, para 2-3The allegations primarily involved an attempt to commit the charged offences.
p. 2, para 3The charge-sheet was subsequently filed on 29.10.2025.
p. 3, para 4The petitioner initially applied for default bail before the Trial Court on 09.12.2025, arguing that the 60-day mandatory period for filing the charge-sheet had expired on 07.10.2025.
p. 3, para 5 · p. 4, para 7The Trial Court dismissed the application, holding that since the minimum sentence for the substantive offence was not less than 10 years, the investigating agency had 90 days to file the charge-sheet.
p. 3, para 5 · p. 4, para 702Issues
i.1. Whether the period for filing a charge-sheet is 60 days or 90 days when the accused is charged with an "attempt" to commit an offence that carries a punishment of not less than 10 years.
p. 3, para 4 · p. 4, para 9ii.2. Whether the petitioner was entitled to default bail due to the non-submission of the charge-sheet within the prescribed statutory period.
p. 4, para 1003Law Applied
The court applied Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, regarding the grant of bail.
p. 2, para 2The court further interpreted Section 62 of the BNS, 2023, which stipulates that the punishment for an attempt to commit an offence is half of the longest term of imprisonment provided for that offence.
p. 4, para 9The court relied on the principle of "default bail" (equivalent to Section 167(2) of the CrPC), which mandates that a charge-sheet must be filed within 60 days for offences punishable with imprisonment for less than 10 years, and 90 days for offences punishable with death, life imprisonment, or imprisonment for a term of not less than 10 years.
p. 3, para 4 · p. 4, para 10Provisions in the judgment · 6 · Linked ones open on LawLens
Bharatiya Nyaya Sanhita, 2023 Section 62Section 64Section 68
Bharatiya Nagarik Suraksha Sanhita, 2023 Section 483
Protection of Children from Sexual Offences Act, 2012 Section 8Section 10
04Reasoning
The Court scrutinized the interaction between the substantive offence and the provision for "attempt." While Section 64(2)(f) of the BNS carries a punishment of not less than 10 years, the petitioner was charged under Section 62 for an attempt to commit said offence.
pp. 4, para 8-9The Court reasoned that since the punishment for an attempt is restricted to half of the longest term provided for the actual commission, the maximum punishment the petitioner could face would necessarily be less than or equal to 10 years.
p. 4, para 9Consequently, the legal threshold for filing the charge-sheet was 60 days, not 90 days.
p. 4, para 10As the 60-day period expired on 07.10.2025 and the charge-sheet was only filed on 29.10.2025, the Court determined that the petitioner’s continued detention beyond the 60th day was illegal.
p. 3, para 4 · p. 5, para 1005Holding
The Court answered the issues in the affirmative, holding that the petitioner was entitled to default bail as the charge-sheet was not filed within the mandatory 60-day period.
p. 4, para 10 · p. 5, para 11The Court set aside the Trial Court's reasoning and directed the release of the petitioner on bail upon furnishing a bond of Rs. 30,000/- with two sureties.
p. 5, para 11The release was subject to conditions including trial cooperation and a prohibition on communicating with the victim or witnesses.
p. 5, para 11Original Court PDF
Sri Tanka Prasad NewarvsThe State Of Assam And Anr
Click to open original judgment
Original judgment, available to read, download and summarize on LawLens.in
