Open Access Research Article
POLICE CUSTODY AND JUDICIAL CUSTODY DURING INVESTIGATION UNDER THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023
Abstract
The
Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), in force from 1 July 2024,
replaced the Code of Criminal Procedure, 1973 for matters governed by the new
law, subject to applicable savings provisions. Section 187 governs remand where
investigation cannot be completed within twenty-four hours. It retains a
maximum aggregate of fifteen days of police custody, but permits those days to be authorised in parts during the initial
forty or sixty days of the overall sixty- or ninety-day detention
period, depending on the offence. This is a significant departure from the
timing rule applied under former
Section 167 CrPC in CBI v. Anupam J. Kulkarni. This paper analyses
the distinction between
police and judicial custody, the role of the Magistrate, constitutional
protections, default bail and leading decisions including Arnesh Kumar, D.K. Basu, Satender Kumar Antil, Satyajit Ballubhai Desai and the Supreme
Court’s 2026 judgment in Pogadadabnda
Revathi v. State of Telangana. It argues that the expanded time window must
not be treated as an automatic entitlement to police custody. Case-specific
necessity, reasoned judicial scrutiny, access to counsel, medical safeguards
and respect for existing bail orders remain essential to protecting personal
liberty.
Published Paper
Author Details
Authors: NITHYAPRIYA JAGANATHANRegistration ID: 1013473 | Published Paper ID: IJLRA13473Approved ISSN: 2582-6433 | Country: Delhi, IndiaPage No.: 2549-2563
Article Information
POLICE CUSTODY AND JUDICIAL CUSTODY DURING INVESTIGATION UNDER THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023
Authors: NITHYAPRIYA JAGANATHAN
- Journal IJLRA
- ISSN 2582-6433
- Volume 3
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- AbbreviationIJLRA
- ISSN2582-6433
- AccessOpen Access
- LicenseCC 4.0
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