Police Custody under BNSS: Supreme Court Remand Rules

Why in News?

The Supreme Court, in State of Andhra Pradesh vs Suda Suresh Veera Venkata Naga Raju, clarified the scope of police custody under Section 187(2) of the Bharatiya Nagarik Suraksha Sanhita.

Case Before the Supreme Court

• The case arose from a custodial death investigation in Andhra Pradesh. The investigating agency sought police custody because the victim’s body was still untraced, original CCTV hard disks were yet to be recovered, and possible discoveries under the Bharatiya Sakshya Adhiniyam were expected.
• The magistrate had granted eight days of police custody and allowed the accused to nominate two advocates, with one advocate permitted to be present during investigation. However, the order also stated that the custody period would not be extended under any circumstances.
• The Andhra Pradesh High Court later modified some conditions related to custody and advocate presence. The State challenged these restrictions before the Supreme Court, arguing that they affected the ability of the investigating officer to conduct an effective investigation.

Supreme Court’s Key Rulings

1. Police Custody Window is Wider under BNSS

The Court held that Section 187(2) BNSS expands the time window during which police custody may be sought. Police remand is not restricted only to the first 15 days after arrest.

2. Total Police Custody Still Capped at 15 Days

The Court clarified that even though the window has expanded, the total police custody cannot exceed 15 days in the whole.

3. Custody Can Be Granted in Parts

Police custody may be granted in different spells if investigation later reveals fresh facts, leads, recoveries or discoveries.

4. No Absolute Non-Extendable Limit by Magistrate

A magistrate or court cannot impose a blanket condition that police custody will not be extended at all. Such a condition would defeat the legislative purpose of Section 187(2).

5. Additional Custody Allowed in the Case

The Supreme Court permitted seven additional days of police custody, ensuring that the total police custody, including earlier custody, remained within the statutory limit of 15 days.

Current Law on Police Remand under BNSS

Section 58 BNSS

A person arrested without warrant cannot be detained by police for more than 24 hours, unless further detention is authorised by a magistrate under Section 187.

Section 187(2) BNSS

If investigation cannot be completed within 24 hours and there are grounds to believe that the accusation is well-founded, the magistrate may authorise detention. Police custody can be granted for a total period of 15 days, either at once or in parts, during the initial 40 or 60 days of the permissible detention period.

Section 187(3) BNSS

Judicial detention beyond police custody may continue up to:

• 90 days for offences punishable with death, life imprisonment or imprisonment of 10 years or more;
• 60 days for other offences.

If investigation is not completed within the prescribed period, the accused may claim default bail.

BNSS vs CrPC: Key Difference

The main change is not in the total number of police custody days, but in the timing within which those days can be sought.

Conclusion

The Supreme Court’s interpretation of Section 187(2) BNSS gives investigating agencies a wider window to seek police custody while keeping the total limit at 15 days. This reflects the needs of complex investigations where fresh evidence may emerge later. At the same time, the judgment makes clear that the accused’s right to meet an advocate does not extend to continuous lawyer presence during interrogation. The real test lies in implementation. Strong judicial supervision, custodial safeguards, video documentation and police accountability are essential to ensure that the expanded remand window strengthens investigation without weakening constitutional due process.