Police Custody Remand under the new Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).
β REMAND UNDER BNSS, 2023
Under the old CrPC, remand was governed by Section 167 CrPC.
Under the new law, it is governed by:
π Section 187 of BNSS, 2023
π 1οΈβ£ Statutory Framework β Section 187 BNSS
When investigation cannot be completed within 24 hours (similar to old Sec 57 CrPC concept), the accused must be produced before a Magistrate.
The Magistrate may authorize:
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Police custody, or
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Judicial custody
π₯ 2οΈβ£ Major Change Introduced by BNSS
π¨ Biggest Change: 15-Day Police Custody Window Expanded
Under CrPC:
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Police custody only within first 15 days from first remand.
Under BNSS:
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Police custody of maximum 15 days in total,
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BUT it can be granted at any time during the first 40 days (for 60-day offences)
OR
first 60 days (for 90-day offences)
π This is a significant departure from CrPC.
π Comparison β CrPC vs BNSS
| Feature | CrPC (Old Sec 167) | BNSS (Sec 187) |
|---|---|---|
| Total Police Custody | Max 15 days | Max 15 days |
| Time Window | Only within first 15 days | Within first 40/60 days |
| After 15 days | Only judicial custody | Police custody still possible (within outer window) |
| Default Bail | 60/90 days | 60/90 days (unchanged) |
π What Remains Same
β Total police custody cannot exceed 15 days
β Magistrate must record reasons
β Case diary scrutiny required
β Default bail at 60/90 days remains
β Constitutional Angle
The BNSS expansion raises important Article 21 concerns because:
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Under CrPC, liberty strengthened after 15 days.
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Under BNSS, police custody may be sought even after 3β4 weeks.
This may lead to future constitutional challenges.
π§ Important Judicial Background (Still Relevant)
Though BNSS is new, earlier safeguards will still guide interpretation:
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CBI v. Anupam J. Kulkarni β 15-day limit principle
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Manubhai Ratilal Patel v. State of Gujarat β Judicial application of mind
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Jayrajsinh Temubha Jadeja v. State of Gujarat β Reasoned remand order
Courts will likely reinterpret these in light of Section 187 BNSS.
π 3οΈβ£ Timeline Under BNSS (Visual Understanding)
If offence punishable up to 10 years (60-day category)
β
Up to Day 40 β Police custody (total max 15 days, can be split)
β
Up to Day 60 β Judicial custody
β
After Day 60 β Default Bail
If offence punishable with death / life / 10+ years (90-day category)
β
Up to Day 60 β Police custody (total max 15 days)
β
Up to Day 90 β Judicial custody
β
After Day 90 β Default Bail
π― Exam-Ready 5-Line Summary
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Remand under BNSS is governed by Section 187.
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Total police custody remains capped at 15 days.
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However, it may now be granted within 40/60 days, not only first 15 days.
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Default bail at 60/90 days continues.
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Expansion of custody window may raise Article 21 concerns.