ForumIAS LATEST
- 5 August | Toppers Wrote 1000 Answers Between Prelims & Mains! | Click Here to Watch →
- 5 August | Are you the Average of the 5 People Around You by Mr. Ayush Sinha | Click Here to Watch →
- 5 August | First UPSC Mains Don't Chase AIR 1 by Mr Ayush Sinha | Click Here to Watch →
News: Supreme Court rules that Section 187(2) of the BNSS expands the scope of Police Custody under BNSS.
About Scope of Police Custody under BNSS
- The Supreme Court held that Section 187(2) of BNSS enlarges the window during which police custody may be sought.
- Case name: The case was the State of Andhra Pradesh vs Sudesh Veera Venkata Naga Rajan.
- Intent: The Court said that the change under the BNSS is intended for situations where fresh facts, discoveries or leads may emerge during investigation.
- Ruling of the court: Police custody can now be sought in parts, but the total period of police custody cannot exceed 15 days. These 15 days can be sought during:
- the initial 40 days where the total permissible remand period is 60 days; or
- the initial 60 days where the total permissible remand period is 90 days.
- The Supreme Court held that a Magistrate or court cannot impose an absolute and non-extendable limit on police custody if it prevents the investigating agency from using Section 187(2) of the BNSS.
- Under Section 58 of the BNSS, a person arrested by the police cannot normally be detained for more than 24 hours, unless detention is authorized by a Magistrate under Section 187.
- Section 187 also provides for judicial detention beyond 15 days when sufficient grounds exist, subject to the applicable 60-day or 90-day period.
- Thus, the BNSS widens the time-window in which police custody may be sought, but the maximum total police custody remains 15 days.
