Supreme Court clarifies scope of police custody under BNSS
Court held that Section 187(2) of BNSS enlarges the window during which police custody may be sought
The Supreme Court recently ruled on the scope of police custody under the Bharatiya Nagarik Suraksha Sanhita (BNSS). Section 187(2) of the BNSS allows for extended police custody during investigations, which the Court clarified can last up to 15 days in the first 40 or 60 days of detention, but not more than 15 days in total. The Court emphasized that this does not apply to the entirety of the 15-day period, but rather within the first 40 or 60 days of detention.
The SC also addressed the right to meet an advocate during interrogation, clarifying that it does not require the continuous physical presence of an advocate throughout each session. In a case involving a custodial death, the magistrate initially granted eight days of police custody, and allowed two advocates of the accused to be present during the investigation.
One advocate was permitted to be present at any given time, while the other could only be present at certain points. The High Court later modified these conditions, but the State challenged them in the Supreme Court, arguing that they infringed upon the investigating officer's ability to conduct a thorough investigation. The Court upheld the 15-day limit, but granted an additional seven days to allow for further investigation, ensuring the total detention period did not exceed 15 days.
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