CBI v. Anupam J. Kulkarni – (1992) 3 SCC 141 : AIR 1992 SC 1768

Posted on March 5, 2026 by Admin

⚖ 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

The accused was arrested by Central Bureau of Investigation in a criminal case.
The Magistrate initially granted police custody remand.
After some days, the accused was sent to judicial custody.
Later the investigating agency again requested police custody during the same 15-day period.
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