⚖ Case Analysis
CBI v. Anupam J. Kulkarni
| Particular | Details |
|---|---|
| Court | Supreme Court of India |
| Citation | (1992) 3 SCC 141 : AIR 1992 SC 1768 |
| Bench | Justice K. Jayachandra Reddy & Justice S. Mohan |
| Subject | Police Custody Remand under Section 167 CrPC |
| Key Provision | Section 167(2) CrPC |
| BNSS Equivalent | Section 187 BNSS |
📖 Facts of the Case
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The accused was arrested by Central Bureau of Investigation in a criminal case.
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The Magistrate initially granted police custody remand.
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After some days, the accused was sent to judicial custody.
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Later the investigating agency again requested police custody during the same 15-day period.
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The legal question arose regarding whether police custody can be granted again after the accused has been sent to judicial custody.
⚖ Legal Issue
Whether police custody remand can be granted after the accused has already been remanded to judicial custody during the first 15 days under Section 167 CrPC?
🧠 Judgment
The Supreme Court of India clarified the interpretation of Section 167 CrPC and laid down the governing rule of remand.
The Court held:
✔ Police custody can be granted only within the first 15 days from the date of first remand.
✔ Within these first 15 days, the Magistrate may grant police custody or judicial custody in parts.
✔ However, after the first 15 days expire, the accused cannot be remanded to police custody.
✔ After 15 days, only judicial custody is permissible.
📊 Rule of Remand (From the Judgment)
| Period | Custody Allowed |
|---|---|
| First 15 days from first remand | Police custody or judicial custody |
| After 15 days | Only judicial custody |
| Up to 60 / 90 days investigation | Judicial custody only |
⚖ Important Observation of the Court
The Court observed:
“Police custody is permissible only during the first fifteen days of remand and thereafter the accused can only be kept in judicial custody.”
— CBI v. Anupam J. Kulkarni
📘 Practical Importance for Magistrates
This judgment governs daily remand practice in Magistrate Courts.
It clarifies:
✔ Police custody cannot be granted after 15 days
✔ Police custody cannot be revived later
✔ Custody can be split within the first 15 days
⚖ Example for Court Practice
| Day | Custody |
|---|---|
| Day 1 | 5 days police custody |
| Day 6 | judicial custody |
| Day 10 | again police custody possible |
| Day 16 | ❌ police custody not allowed |
📊 Interaction with Later Judgments
| Case | Principle |
|---|---|
| CBI v. Anupam J. Kulkarni | Police custody only within first 15 days |
| State v. Dawood Ibrahim Kaskar | Police custody possible if accused arrested later in same case |
| Pradeep Ram v. State of Jharkhand | Fresh remand possible in different case |
📊 Position under BNSS
| CrPC | BNSS |
|---|---|
| Section 167 | Section 187 BNSS |
| First 15 days rule | Still applicable |
| Police custody restriction | Continues |
Thus, principle of Anupam Kulkarni still governs remand law even after BNSS.
🧠 One-Line Ratio (Judiciary Exam Style)
“Police custody remand can be granted only during the first fifteen days from the date of initial remand; thereafter only judicial custody is permissible.”
— CBI v. Anupam J. Kulkarni