Why In News?

In State of Andhra Pradesh vs  Suda Suresh Veera Venkata Naga Raju (2026), the Supreme Court clarified that Bharatiya Nagarik Suraksha Sanhita (BNSS) Section 187 permits police custody beyond the initial 15-day remand limit of the former CrPC regime.

What is Police Custody?

Police custody refers to the detention of an arrested person with the police, primarily to aid ongoing investigation — such as interrogation or recovery of evidence.

It differs from judicial custody, where the accused is held in prison under the magistrate's authority, without direct police access.

Any detention beyond 24 hours of arrest requires authorisation from a magistrate, in line with Article 22(2) of the Constitution.

The magistrate acts as the check on police power, deciding whether custody should be police or judicial, and for how long.

Section 187 of BNSS 

  • Section 187 of the BNSS 2023 replaces Section 167 of the CrPC, governing detention during investigation.

  • Detention beyond 24 hours requires the magistrate's authorisation.

  • The magistrate can authorise either police custody or judicial custody.

  • Total detention during investigation is capped at 60 days (offences punishable with less than 10 years' imprisonment) or 90 days (offences punishable with death, life imprisonment, or imprisonment of 10 years or more) — after which the accused gets default/statutory bail if the chargesheet is not filed.

Supreme Court Recent Judgement

Police custody can be granted in parts (staggered) rather than only as one continuous block.

The aggregate limit remains 15 days, regardless of how many times custody is sought.

For offences punishable with less than 10 years' imprisonment, police custody in parts must fall within the first 40 days of the 60-day detention period.

For serious offences (punishable with death, life imprisonment, or 10+ years), staggered custody must fall within the first 60 days of the 90-day detention period.

The Court held there is no absolute, non-extendable outer limit that a magistrate or High Court can impose on police custody within this window — such a condition "prematurely forecloses" the statutory discretion under Section 187.

The Court clarified that Section 38 of BNSS, which grants an arrested person the right to meet an advocate during interrogation, does not entitle the lawyer to be continuously and physically present throughout the interrogation.

On videography, the Court held that while audio-visual recording of interrogation and recovery proceedings is an important safeguard, requiring uninterrupted recording of the accused's entire transit (including outside the interrogation room) is impractical and not mandated.

How BNSS Differs from the Earlier CrPC

Aspect

CrPC (Section 167)

BNSS (Section 187)

Window for seeking police custody

Confined to the first 15 days of remand only

Extended to the first 40 or 60 days, depending on offence severity

Total police custody

Maximum 15 days

Maximum 15 days (unchanged)

Custody in parts

Restricted to the initial 15-day period only

Explicitly allowed in parts across the wider window

Governing precedent

CBI v. Anupam J. Kulkarni (1992) confined police custody strictly to the first 15 days

State of Andhra Pradesh v. Suda Suresh Veera Venkata Naga Raju (2026) affirms staggered custody

Safeguards under BNSS

  • Section 38 grants the arrested person the right to meet an advocate during interrogation (though not continuous physical presence).

  • Magistrate's authorisation is mandatory before any custody is granted or extended.

  • Audio-video recording of interrogation and recovery proceedings is required as a transparency safeguard.

  • The 15-day aggregate limit on police custody remains a hard cap, irrespective of staggering.

  • Default bail protects the accused if the chargesheet is not filed within 60 or 90 days.

What is Default Bail?

Also called statutory bail, it is the right of an accused to be released on bail if the investigating agency fails to file a chargesheet within the prescribed 60-day or 90-day period.

It is directly linked to Article 21, as prolonged detention without trial or chargesheet violates personal liberty.

Courts have held that "broken periods of custody" can be pieced together while computing this timeline, reinforcing that what matters is the actual deprivation of liberty authorised by judicial order.

Source: THEHINDU

PRACTICE QUESTION

Q. Consider the following statements regarding Police Custody and Judicial Custody:

  1. In police custody, the accused is lodged in a police lock-up, while in judicial custody, the accused is lodged in a prison under the control of the judicial magistrate.

  2. The police can freely interrogate a suspect during judicial custody without needing any prior approval from the court.

  3. The total aggregate period of police custody granted by a magistrate cannot exceed 15 days.  

Which of the statements given above are correct?

A. 1 and 2 only

B. 1 and 3 only

C. 2 and 3 only

D. 1, 2 and 3

Answer: B  

Explanation:

Statement 1 is CORRECT: In police custody, the accused is kept in a physical lock-up at a police station under the direct supervision of the investigating officers. In judicial custody, the accused is placed under the authority of the concerned magistrate and housed in a central or state prison (jail).

Statement 2 is INCORRECT: During judicial custody, the police cannot freely interrogate the suspect. Because the accused is under the court's command, the investigating officers must obtain formal prior approval or permission from the magistrate to conduct any questioning.  

Statement 3 is CORRECT: Under Indian criminal procedure laws (historically Section 167 of the CrPC and maintained under Section 187 of the Bharatiya Nagarik Suraksha Sanhita (BNSS)), the total aggregate period of police custody that can be granted by a magistrate for a suspect cannot exceed 15 days.