Context
The Supreme Court has held that Section 187(2) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 enlarges the period during which police custody can be sought. The maximum 15 days of police custody can now be taken in parts within the initial 40 or 60 days of the permissible detention period.
Explanation
- BNSS, 2023 replaced the Code of Criminal Procedure (CrPC), 1973 and came into force on July 1, 2024.
- Section 58, BNSS requires an arrested person to be produced before a magistrate within 24 hours, excluding journey time.
- Under Section 187, a magistrate may authorise detention when investigation cannot be completed within 24 hours.
- Police custody cannot exceed 15 days in aggregate, but may be authorised in parts during the initial 40 days of a 60-day detention period or 60 days of a 90-day detention period.
- Judicial custody may extend up to 60 or 90 days, depending on the offence; failure to file the charge sheet within this period can trigger default bail.
- Section 38, BNSS provides an arrested person the right to meet an advocate during interrogation, though not throughout interrogation.
- Article 22 of the Constitution provides key safeguards against arbitrary arrest and detention.
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BNSS Police Custody: Supreme Court Clarifies Detention Rules