UAPA accused entitled to default bail after 180 days, not 90 even after BNSS: Delhi High Court clarifies

The Delhi High Court has held that even after the Bharatiya Nagarik Suraksha Sanhita (BNSS) came into force, the period for default bail under the Unlawful Activities Prevention Act (UAPA) continues to be 180 and not 90 days. 

Default bail is a right to be released from custody when the police or investigating agency fails to finish investigation and file a chargesheet within a set time limit.

A Division Bench of Justices Prathiba M Singh and Vikas Mahajan rendered the findings while dismissing the default bail plea filed by Jasir Bilal Wani alias Danish, an accused in the November 2025 Red Fort terror blast case. 

Wani had argued that Section 43D(2) of the UAPA, which permits extension of detention up to 180 days, refers explicitly to Section 167 of the Code of Criminal Procedure (CrPC), which has now been repealed.

He said that since parliament did not amend Section 43D to reference Section 187 of the BNSS (the CrPC's replacement provision), this created a "legislation by incorporation" that froze the reference to the old law, entitling the accused to default bail after 90 days rather than 180.

The Court rejected the argument. It held that reference to Section 167 of the CrPC in Section 43D of the UAPA has to be construed as a reference to Section 187 of the BNSS in terms of Section 8(1) of the General Clauses Act, 1897. 

“By applying Section 8 of the General Clauses Act, 1897 along with the principle of ‘Legislation by reference’, it becomes clear that in the case of Section 43D(2) of the UAPA, reference to Section 167 of the Cr.P.C. has to be construed as reference to Section 187 of the BNSS. The first proviso to Section 43D(2) would therefore apply and the period of detention can be extended upto 180 days,” the Court reasoned.

It added that while deciding an issue like this, the intention of the legislature must be considered. 

“The purpose of increasing the detention period to 180 days in the UAPA, is clearly to provide longer period of detention for heinous offences such as terrorism. While answering the questions raised herein, the said intention cannot be forgotten. Under UAPA, longer period of detention is permissible, anticipatory bail is not applicable – subject to the conditions in the statute. Thus, by the mere enactment of BNSS the said intention of the Legislature cannot be defeated,” the Court added. 

Senior Advocate Warisha Farasat with Advocate Suvarna Swain appeared for Wani. 

The National Investigation Agency (NIA) was represented through Senior Advocate Madhav Khurana as well as Advocates Trisha Mittal, Anil Dabas, Teeksh Singhal, Deeparghya Datta and Nishant Sharma. 

[Read Judgment]