Orissa High Court Affirms 90-Day Charge-Sheet Limit, Rules BNSS Overrides State Amendment

The Orissa High Court held that once the BNSS 2023 came into force and replaced the CrPC, the earlier 120-day period for filing a charge-sheet under the Odisha Amendment Act 11 of 1997 no longer applies.

Under Section 187(3) BNSS, the charge-sheet must be filed within 90 days for serious offences.

In a cybercrime case, the accused were arrested, and no charge sheet was filed by the 90-day deadline. 

The Court quashed the trial court’s refusal of default bail and granted relief under BNSS.

[Vicky Kumar @ Kashyap v. State of Odisha]