Delhi High Court Upholds Vires Of S.193(9) BNSS On Further Probe, Says It Does Not 'Camouflage' Accused's Right To Default Bail

The Delhi High Court has upheld the constitutional validity of Section 193(9) of Bharatiya Nagarik Suraksha Sanhita, 2023, saying that the provision does not act as a camouflage to an accused's right to default bail. A division bench comprising Chief Justice DK Upadhyaya and Justice Tushar Rao Gedela dismissed a PIL filed by lawyer Yash Mishra which challenged the validity of Section 193(9) read with Section 187(3) of BNSS. Section 193(9) states that nothing in the provision shall preclude further investigation in respect of an offence after a report has been forwarded by the police to the Magistrate. It adds that where further evidence is obtained, the officer in charge shall forward to the Magistrate a further report or reports. The proviso states that further investigation during the trial may be conducted with the permission of the Court which shall be completed within 90 days which may be extended with the permission of the Court.The plea argued that the provision is arbitrary and violates Article 21 of the Constitution of India qua the accused persons and sought guidelines to be formulated to ensure timely completion of further investigation under Section 193(9) of BNSS, 2023. It was submitted that Section 193(9), if read in conjunction with the provision of Section 187(3), camouflages the statutory right of 'default bail.'Analysing the provision and the proviso, the Bench observed that the power to conduct further investigation is "not unfettered and that adequate safeguards" are there on the arbitrary use of such a power as further investigation during trial can be conducted only with the permission of the Court.“We may also note that such further investigation to be conducted with the permission of the Court is to be completed within 90 days, which, though, is extendable; however, such extension is permissible only with leave of the Court. Thus, it is difficult to hold that Section 193(9) of BNSS 2023 contains a provision which is unfettered and, therefore, it is arbitrary,” the Court said.It rejected the submission of the petitioner that adequate safeguards have not been provided to the accused persons to make them realise their right of seeking a 'default bail' in a situation where further investigation is undertaken by the investigating agencies. “Even otherwise, any possible potential misuse of a statutory provision is not a ground available to challenge the same and to term it unconstitutional,” the Court said while dismissing the PIL.Title: YASH MISHRA v. STATE OF NCT OF DELHI & ORSCitation: 2025 LiveLaw (Del) 1027Click here to read order

Delhi High Court Upholds Vires Of S.193(9) BNSS On Further Probe, Says It Does Not 'Camouflage' Accused's Right To Default Bail

Nupur Thapliyal

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