Section 187 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Section 187 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Overview:
Section 187 of the BNSS, 2023, mirrors the provisions of Section 167 of the Indian Penal Code (IPC) concerning the procedure when an investigation cannot be completed within 24 hours of an individual's arrest. It outlines the process for seeking police custody and judicial remand during the investigation period.
Key Provisions:
Initial Custody and Magistrate's Authorization (Section 187(1)):
When an individual is arrested and detained, and it appears that the investigation cannot be completed within 24 hours, the officer in charge of the police station (not below the rank of sub-inspector) must transmit to the nearest Magistrate a copy of the diary entries and forward the accused to the Magistrate.
Police Custody Authorization (Section 187(2)):
The Magistrate may authorize the detention of the accused in police custody for a term not exceeding 15 days in total, which can be in whole or in parts, at any time during the initial 40 days (for offenses punishable up to 10 years) or 60 days (for offenses punishable for 10 years or more) of the detention period.
Judicial Custody Beyond 15 Days (Section 187(3)):
If the investigation cannot be completed within the initial period, the Magistrate may authorize detention beyond 15 days, provided adequate grounds exist.
The total period of detention under this sub-section shall not exceed:
90 days for offenses punishable with death, imprisonment for life, or imprisonment for a term of 10 years or more.
60 days for any other offense.
Upon expiry of the said period, the accused shall be released on bail if they are prepared to and do furnish bail.
Production Before Magistrate (Section 187(4)):
No Magistrate shall authorize detention of the accused in police custody unless the accused is produced before him in person for the first time and subsequently every time till the accused remains in police custody.
The Magistrate may extend further detention in judicial custody on production of the accused either in person or through audio-video electronic means.
Comparative Analysis with CrPC:
| Provision | BNSS, Section 187 | CrPC, Section 167 |
|---|---|---|
| Maximum Police Custody | 15 days, in whole or parts, within the initial 40/60 days | 15 days total, within the first 15 days |
| Judicial Custody Beyond 15 Days | Permitted with adequate grounds, up to 60/90 days | Permitted with adequate grounds, up to 60/90 days |
| Production Before Magistrate | Required for police custody; audio-video allowed for judicial custody | Required for both police and judicial custody |
Judicial Interpretation:
The Karnataka High Court, in December 2024, clarified that under Section 187 of the BNSS, police custody for up to 15 days must be sought within the first 40 days for offenses punishable by up to 10 years of imprisonment. For offenses punishable with 10 years or more, police custody for 15 days is permissible within the first 60 days, and the total investigation period is extended to 90 days
Potential Concerns:
Extended Police Custody: The BNSS allows for police custody beyond the initial 15 days, which could lead to prolonged detention without judicial oversight.
Ambiguity in Language: The absence of the phrase "otherwise than in custody of the police" in Section 187(3) may lead to interpretations that extend police custody beyond the intended limits
Fragmented Detention Periods: The provision allows splitting the 15-day police custody over time, which could be misused to circumvent safeguards against prolonged detention.
Conclusion:
Section 187 of the BNSS, 2023, introduces provisions that extend the duration of police custody and judicial remand beyond the limits set by the CrPC. While these changes aim to provide flexibility in the investigative process, they also raise concerns about potential misuse and the protection of individual rights.
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