Understand Section 187 BNSS (corresponding to Section 167 CrPC) governing police and judicial custody, remand, default bail, and safeguards for accused persons. Learn key judgments, timelines, and procedures in India.

Introduction

Section 187 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which corresponds to Section 167 of the Code of Criminal Procedure, 1973 (CrPC), governs the procedure when a police investigation cannot be completed within the mandatory 24-hour period.

Under Section 58 BNSS, no person arrested without a warrant may be detained for more than 24 hours before being produced before a Magistrate. Section 187 BNSS provides a mechanism for extended custody under judicial supervision, balancing the investigative needs of law enforcement with the rights of the accused as guaranteed under Article 21 of the Constitution.

Its primary objective is to ensure fair investigation, prevent disappearance of evidence, and avoid vexatious or delayed prosecution while protecting personal liberty.

Key Provisions of Section 187 BNSS

Obligation to Produce the Accused Before a Magistrate (Sub-Section 1)

When an investigation cannot be completed within 24 hours and there are reasonable grounds to believe that the accusation is valid:

• The officer in charge of the police station or investigating officer (not below sub-inspector rank) must send a copy of the case diary to the nearest Magistrate.
• The accused must be produced before the Magistrate along with a request for further detention.

This ensures judicial oversight from the earliest stage and prevents illegal or arbitrary detention.

Magistrate’s Authority to Authorize Detention (Sub-Sections 2 & 3)

The Magistrate has the power to authorize detention as follows:

• Police or Judicial Custody for Up to 15 Days at a Time:
  • Initial detention may be in police custody for investigation.
  • Thereafter, detention may continue in judicial custody.
• Total Detention Limit:
  • 90 days: For serious offences punishable with death, life imprisonment, or 10 years or more.
  • 60 days: For other offences.
• Extensions Beyond 15 Days:
  • Unlike CrPC, BNSS allows for police custody even after the first 15 days, but only within the first 40 days (for less serious offences) or 60 days (for serious offences).
  • After the maximum period (60/90 days), the accused is entitled to default bail, provided they furnish sureties.

Police Custody vs. Judicial Custody

Police Custody:

• Granted primarily for interrogation and investigation purposes.
• Requires the accused to be physically present before the Magistrate during initial remand.

Judicial Custody:

• After the initial police custody period, further detention is usually in judicial custody (prison under court supervision).
• Subsequent extensions may be authorized via video conferencing, ensuring minimal inconvenience to the accused.

Special Cases and Executive Magistrates (Sub-Section 6)

• If a Magistrate is unavailable, the accused may be presented before an Executive Magistrate, who can authorize detention for up to 7 days.
• The case must then be forwarded to a Judicial Magistrate for further detention orders.
• The period served under an Executive Magistrate counts toward the total custody period.

Safeguards for Women and Minors

• Females under 18 years of age must be kept in a remand home or recognized social institution, not in police or judicial custody.
• This ensures the protection of vulnerable groups while maintaining the investigative process.

Investigation Beyond Six Months (Sub-Sections 9 & 10)

• In summons cases, if the investigation is not completed within 6 months, the Magistrate may order the investigation to stop, unless the investigating officer shows special reasons for continuation.
• The Sessions Judge may override this order if further investigation is necessary for justice.

Key Judicial Interpretations

CBI v. Anupam J. Kulkarni (1992) SC

• The Supreme Court clarified that police custody is generally restricted to the first 15 days from production before a Magistrate.
• After 15 days, further detention must be in judicial custody.
• This ensures police custody is used only for investigation and not as a substitute for judicial detention.

CBI v. Vikas Mishra (2023) SC

• Facts: The accused avoided police custody by hospitalisation during the initial remand period.
• Judgment: The Supreme Court allowed additional police custody beyond 15 days, emphasizing that the accused should not frustrate the judicial process.
• Significance: Introduces flexibility in the rigid 15-day police custody rule, particularly when the accused deliberately hinders the investigation.

Default Bail under Section 187 BNSS

Default Bail is a statutory right of an accused to secure release when the investigation and filing of the charge sheet exceed the maximum permissible period:

• Time Limits:
  • 90 days: Serious offences (death, life imprisonment, 10+ years).
  • 60 days: Other offences.
• Conditions:
  • The accused must apply for bail after the period expires.
  • The accused must be prepared to furnish sureties or bonds.
• Cancellation:
  • Filing of a charge sheet does not automatically cancel default bail.
  • Bail may be cancelled on merits if:
    • The accused tampers with evidence or witnesses.
    • The accused fails to cooperate with the investigation or the trial.
    • Strong incriminating material emerges post-charge sheet (State v. T. Gangi Reddy, 2023 SC).

Example Scenario

1. Arrest and Delay:
   • A person is arrested for robbery at 10 AM on Monday.
   • By Tuesday, police realize the investigation cannot be completed within 24 hours.
2. Action by Police:
   • Submit the case diary to the nearest Magistrate.
   • Produce the accused before the Magistrate and request custody.
3. Magistrate’s Decision:
   • Authorizes police custody for 5 days for interrogation.
   • Subsequently, the accused is sent to judicial custody.
4. Extended Custody:
   • For serious offences (life imprisonment/death), detention may continue up to 90 days.
   • For lesser offences, detention is capped at 60 days, after which the accused may apply for default bail.

Object and Importance of Section 187 BNSS

• Ensures fair and speedy investigation without arbitrary detention.
• Protects individual liberty under Article 21.
• Balances investigative needs with safeguards for women, minors, and vulnerable individuals.
• Promotes transparency through Magistrate oversight and recorded reasons for detention.
• Provides a structured mechanism for default bail to prevent prolonged detention without charges.

FAQs on Section 187 BNSS

Conclusion

Section 187 BNSS modernizes and clarifies the procedure for remand and custody when investigations cannot be completed within 24 hours. Compared to Section 167 CrPC:

• Provides flexibility in police custody beyond 15 days.
• Ensures judicial oversight at all stages.
• Protects the rights of women, minors, and vulnerable individuals.
• Codifies the principle of default bail to prevent prolonged detention without trial.

The law aims to balance the rights of the accused with the interests of justice and effective criminal investigation, ensuring a fair, transparent, and accountable legal process.

Read More:

Difference between IPC and CRPC

Understanding Plea Bargaining under CrPC 1973