The Orissa High Court has held that the State Amendment to the Cr.P.C. (Orissa Act 11 of 1997) has been repealed along with the Parent Act, and the charge-sheet is to be filed in terms of Section 187 of BNSS. The High Court also made it clear that the period of limitation for filing of the charge-sheet for the purpose of Section 187 would be 90 days.

The High Court was considering an application filed under Section 528 of BNSS, seeking quashing of an order rejecting the prayer for default bail of the accused in a case registered under 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.

The Single Bench of Justice Aditya Kumar Mohapatra held, “In view of the aforesaid analysis, this Court has no hesitation in coming to a conclusion that the Odisha Amendment vide Act 11 of 1997 has also been repealed along with the Parent Act, i.e. Cr.P.C., 1973 and that in the trials under the BNSS, 2023 the charge-sheet is to be filed in terms of Section 187 of BNSS thereof. Accordingly, the period of limitation for filing of the charge-sheet for the purpose of Section 187 of BNSS would be 90 days.”

Advcoate Sk. Zafarulla represented the Petitioner while Additional Standing Counsel Sasmita Nayak represented the Respondent.

Arguments

It was the case of the Petitioners that after the registration of the FIR at Cyber Crime & Economic Offences, Balasore Police Station, the investigation of the case commenced. In the course of investigation the Petitioners were arrested and they 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 92nd day, application under Section 187(3) of BNSS, 2023 was filed for release of the Petitioners on default bail. It was thus argued that an indefeasible right had accrued in favour of the Petitioners to be released on bail on the ground that the investigating agency had not been able to file the charge-sheet within the statutory period of 90 days as prescribed under the BNSS, 2023.

It was the case of the respondent that the Odisha Amendment to the Cr.P.C., extending the statutory period from 90 days to 120 days continues to remain in the statute book and the BNSS, 2023 is to be read by taking into consideration the Odisha Amendment with regard to the statutory period.

Reasoning

The Bench took note of the fact that by operation of Section 531(1), while the Code of Criminal Procedure, 1973 was repealed, the effect of the State Amendment, including Odisha Act 11 of 1997, gets obliterated. “What is in force now is the provision contained in Section 187 of the BNSS, 2023. Since Section 187(3)(i) provides 90 days for the category of offence involved in the present case, the charge-sheet in the present case should have been filed within 90 days”, it mentioned.

The Bench noted that the trial Court had opined that 90 days period is the statutory period within which the investigation has to be concluded, and a charge-sheet is to be filed, failing which the accused in custody gets a right to be released on default bail. As per the Bench, the trial Court appeared to have been misguided by the notification dated July 16, 2024 and September 27, 2024.

The Bench also noted, “On a careful analysis of the legal position as well as taking into consideration the factual background of the present case, this Court has no hesitation in coming to a conclusion that the period of limitation to conclude the investigation, as per the relevant provision under Section 187 of BNSS, is 90 days and not 120 days as has been held by the learned trial Court. Accordingly, order dated 11.08.2025 at Annexure-2 passed by the S.D.J.M., Balasore in C.T. Case No.198 of 2025 is hereby quashed.”

Thus, the Bench disposed of the Petition by remanding the matter back to the trial Court to reconsider the application of the Petitioners for their release on default bail.

Cause Title: Vicky Kumar @ Kashyap v. State of Odisha (Case No.: CRLMC No.3669 of 2025)

Click here to read/download Order


Orissa High CourtJustice Aditya Kumar Mohaptra

Tulip Kanth

Assistant Editor

Tulip Kanth is an Assistant Editor at Verdictum having over 5 years of experience in the field of legal journalism and editing. She extensively covers judgments of the Supreme Court, High Courts as well as Tribunals. She has previously worked with a legal publishing website where she oversaw the work of other editors and has also created updates on notifications of different Government Ministries. She holds an English Honours Degree from SGTB Khalsa College, Delhi University and has completed her LLB course with specialisation in Corporate Law from Amity University.