Police Custody under BNSS

Meaning of Police Custody under BNSS

Police custody under BNSS refers to being arrested and held by the police, typically in a station. This happens when law enforcement suspects you of a crime. There, they can question you about the incident. They have a limited time to hold you, usually around 24 hours, before bringing you to court. The judge will then decide if there’s enough evidence to keep you detained for further investigation.

The Bhartiya Nagarik Suraksha Sanhita, 2023 (BNSS), which is India’s new Code of Criminal Procedure, introduced significant changes to the legal framework. Let’s delve into the concept of police custody under BNSS:

187. (1) Whenever any person is arrested and detained in custody, and it appears that the investigation cannot be completed within twenty-four hours fixed by section 58, and there are grounds for believing that the accusation or information is well-founded, the officer in charge of the police station or the police officer making the investigation, if he is not below the rank of sub-inspector, shall forthwith transmit to the nearest Judicial Magistrate a copy of the entries in the diary hereinafter specified relating to the case, and shall at the same time forward the accused to such Magistrate.

(3) The Magistrate may authorize the detention of the accused person, beyond the period of fifteen days, if he is satisfied that adequate grounds exist for doing so, but no Magistrate shall authorize the detention of the accused person in custody under this sub-section for a total period exceeding— When an officer in charge of the police station may require another to issue the search warrant. Procedure when investigation cannot be completed in twenty-four hours.60

  • ninety days, where the investigation relates to an offense punishable with death, imprisonment for life, or imprisonment for a term of not less than ten years.
  • sixty days, where the investigation relates to any other offense,

Grounds for police custody

  • Effective interrogation of the accused to know about other compliance.
  • Know the details of the offenses.
  • Performing recovery or collecting physical evidence.
  • Recovery of stolen items etc.
  • Ascertaining the truth of the statement of another accused person involved in the cases.
  • Ascertaining the extra place of occurrence.

Purpose of police custody:

  • Investigation: During police custody, the police have the authority to interrogate the accused, collect evidence, and conduct further investigations related to a crime.
  • Questioning: If the magistrate deems it necessary for additional questioning or investigation, they can grant police custody to the accused.

Duration of Police Custody under BNSS:

  • If the punishment for the crime is less than 10 years, then maximum custody will be given for 60 days.
    • The maximum police custody is only 15 days, which can be given for 15 whole days or in parts for a maximum of 15 days, which will be given an initial 40 days.
  • If the punishment for the crime is more than 10 years or the death penalty, then maximum custody will be given for 90 days.
    • The maximum police custody is only 15 days, which can be given for 15 whole days or in parts for a maximum of 15 days, which will be given an initial 60 days.

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