Supreme Court Expands Police Remand Window Under BNSS

Why in the News ?

The Supreme Court, in State of Andhra Pradesh v. Suda Suresh Veera Venkata Naga Raju, clarified that BNSS Section 187(2) permits police custody in parts during the first 40 or 60 days of detention, subject to an overall 15-day limit.

SC Clarifies Scope of Police Custody:

•     The Supreme Court held that Section 187(2) of the Bharatiya Nagarik Suraksha Sanhita (BNSS) has expanded the period during which investigating agencies can seek police custody.
•     Unlike the earlier CrPC regime, police remand is not necessarily restricted to the first 15 days of detention.
•     Under the BNSS, the maximum 15 days of police custody can be granted in parts, at any time during the initial:

○      40 days, where the overall detention period is 60 days.

○      60 days, where the overall detention period is 90 days.

•     The Court held that a Magistrate can therefore alter custody from judicial to police custody and vice versa, provided the aggregate police custody does not exceed 15 days.
•     The judgment recognises that fresh discoveries, evidence or investigative leads may emerge after the initial period, requiring renewed police interrogation.

Safeguards for Accused During Investigation

•     The Supreme Court rejected an unqualified right to continuous physical presence of an advocate during every interrogation session.
•     However, the lawyer may remain at the site of interrogation, where they can see the accused, providing a safeguard against custodial abuse.
•     The Court also held that audio-visual recording of interrogation and discovery/recovery proceedings can satisfy the relevant recording requirement.
•     The judgment balances investigative requirements with constitutional safeguards against arbitrary detention and custodial misconduct.
•     Importantly, the ruling does not permit unlimited police custody: the aggregate police remand remains capped at 15 days, while judicial supervision continues throughout the detention process.

 About BNSS, Custody and Default Bail:

•     Section 58 BNSS: A person arrested without warrant cannot ordinarily be detained for more than 24 hours, unless further detention is authorised by a Magistrate.
•     Section 187: Provides the framework for detention during investigation and judicial oversight over custody.
•     Default bail: If investigation is not completed within the statutory period, the accused becomes entitled to default bail, subject to the applicable conditions.
•     The maximum investigation-related detention period is generally 90 days for serious offences punishable with death, life imprisonment or imprisonment of 10 years or more, and 60 days for other offences.
•     Section 38 BNSS allows an arrested person to meet an advocate of their choice during interrogation, though it does not provide for the lawyer’s continuous presence throughout interrogation.