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Under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, statutory (default) bail becomes enforceable when the investigation is not completed within the prescribed period. Before which authority must the accused apply to avail this right in the first instance?

1. Court of Session
2. Jurisdictional Magistrate
3. High Court directly
4. Special Investigation Court

Correct answer: Jurisdictional Magistrate

Solution

Under BNSS, the right to statutory or default bail is first asserted before the jurisdictional Magistrate. If the Magistrate cannot grant it in the given circumstances, the matter may move to a higher court, but the first application is before the Magistrate. Hence, the correct answer is Jurisdictional Magistrate.

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