NCL: Police Custody and issues associated
- M.R Mishra
- Jul 2, 2024
- 2 min read
The BNSS permits up to 15 days of police custody, which can be authorized incrementally within the first 40 or 60 days of the 60 or 90-day judicial custody period.
As a result,
if the police have not used up the entire 15 days of custody, bail may be denied for the duration of this period.
Section 187 addresses procedures when an investigation cannot be completed within 24 hours. If further investigation is needed, and the accusation appears well-founded, the police must promptly send a report and the accused to the nearest Judicial Magistrate.
The Magistrate can authorize detention beyond 15 days if justified, with a maximum of 90 days for serious offenses (punishable by death, life imprisonment, or a term of not less than ten years) and 60 days for other offenses.
What are the Basis for Police Custody:
Effective interrogation to gather information about the crime
Clarifying details of the offense
Recovering physical evidence or stolen items
Verifying statements of other accused individuals
Identifying additional crime scenes
What will Police do during this duration?
Allows the police to question the accused, gather evidence, and conduct further investigations
How will the duration of Custody be decided?
For crimes punishable by less than 10 years, the maximum judicial custody is 60 days, with up to 15 days of police custody.
For crimes punishable by more than 10 years or the death penalty, the maximum judicial custody is 90 days, with up to 15 days of police custody.
Police custody can be authorized in whole or in parts during the initial 40 or 60 days of the judicial custody period
Will There be Police raaj :
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