The court clarified that the statutory period for filing a charge-sheet under BNSS, 2023 is 90 days, overriding previous state amendments.

JUDGMENT :

A.K. MOHAPATRA, J.

1. By filing the present application under Section 528 of BNSS, the Petitioners seek to invoke the inherent jurisdiction of this Court to quash order dated 11.08.2025 arising out of Balasore Cyber P.S. Case No.12 of 2025, corresponding to C.T. Case No.198 of 2025, pending before the learned S.D.J.M., Balasore. The above noted case was registered at the instance of the Informant-Opposite Party No.2 alleging commission of offence punishable under Sections 3(5), 318(4), 319(2), 336(3), 338, 340(2) of BNS read with Sections 66-C & 66-D of Information Technology Act’ 2008. By virtue of the impugned order, the learned trial Court has rejected the prayer of the Petitioners for their release on default bail under Section 187(3) of BNSS, 2023.

2. Heard learned counsel for the Petitioners and learned counsel for the State. Perused the application as well as the prayer made therein.

3. Learned counsel for the Petitioners at the outset contended that after registration of the FIR on 17.03.2025 at about 16:30 hours at Cyber Crime & Economic Offences, Balasore Police Station, the investigation of the case commenced. In course of investigation the Petitioners were arrested on 10.05.2025. He further submitted that the Petitioners remained in custody for 90 days from the date of arrest, however, no charge-sheet was filed within the aforesaid statutory period of 90 days. Thereafter, on the 92^nd day, i.e. on 12.08.2025, application under Section 187(3) of BNSS, 2023 was filed for release of the Petitioners on default bail. It is stated by learned counsel for the Petitioners that by that date the charge-sheet has not been filed by the I.O. as the investigation had not been completed.

4. In the aforesaid context, learned counsel for the Petitioners referred to the impugned order to impress upon this Court that at the time of hearing of his application for grant of default bail under Section 167(2) of Cr.P.C., which corresponds to Section 187(3) of BNSS, the charge-sheet was not before the learned trial Court. Thus, an indefeasible right has accrued in favour of the Petitioners to be released on bail on the ground that the investigating agency has not been able to file the charge-sheet within the statutory period of 90 days, which expired on 09.08.2025, as has been prescribed under the BNSS, 2023,. Even at the time of hearing of the application under Section 187(3) of BNSS, the charge-sheet was not before the learned trial Court. Learned counsels appearing for both sides submitted that the charge-sheet was not before the Court at the time of hearing of the application under Section 187(3) on 12.08.2025. Admittedly, the same has been filed after rejection of the petition filed by the Petitioners under Section 187(3) of BNSS.

5. Learned counsel for the Petitioners further submitted that since the FIR was registered on 17.03.2025, there exists no doubt with regard to the applicability of the procedural law, i.e. either the erstwhile Cr.P.C., 1973 or the BNSS, 2023. Thus, the FIR filed by the Informant in this case was rightly registered under the provisions of the BNSS and the trial was to be conducted under the BNSS, 2023. With regard to the statutory period that has been prescribed in the BNSS, learned counsel for the Petitioners contended that Section 187(3)(i) of BNSS provides that the Magistrate may authorize the detention of the accused person beyond the initial period of 15 days which may extent up to 90 days from the date of his detention in custody. For better appreciation, the provision contained in 187(3) of BNSS is quoted herein below;

“187. Procedure when investigation cannot be completed in twenty-four h