Supreme Court clarifies scope of police custody under BNSS, Pg8

Key Highlights:

• The Supreme Court clarified the scope of police custody under Section 187(2) of the Bharatiya Nagarik Suraksha Sanhita (BNSS).
• Police custody can now be sought in parts, aggregating up to 15 days, within the first 40 or 60 days of the total detention period.
• This ruling expands the window for police custody beyond the initial 15 days of remand, a change from the previous Code of Criminal Procedure (CrPC).
• The decision was made in the case of The State of Andhra Pradesh vs Suda Suresh Veera Venkata Naga Raju.
• The Court also clarified that an advocate's presence during interrogation, under Section 38 of BNSS, is not required to be continuous.

Detailed Insights:

• The BNSS allows magistrates to authorize police custody in parts, not exceeding 15 days in total, during the initial 40 or 60 days of detention.
• This legislative change aims to address situations where fresh facts, discoveries, or leads may emerge later in the investigation.
• Previously, Section 167 of the CrPC restricted police custody to the first 15 days of remand.
• The Supreme Court held that magistrates cannot impose an absolute, non-extendable limit on custody, as it forecloses recourse to Section 187(2) of BNSS.
• Regarding Section 38 of BNSS, the Court stated an advocate is allowed to be present within sight of the accused during interrogation, but not necessarily throughout the entire session.
• Audio-visual recording of the actual interrogation and discovery proceedings satisfies the requirement, rather than uninterrupted videography of transit.
• Section 58 of BNSS mandates that an arrested person cannot be detained for more than 24 hours without a magistrate's authorization.
• Section 187(3) of BNSS allows judicial detention beyond 15 days, up to 90 days for serious offenses and 60 days for others, leading to default bail if investigation is incomplete.

Key Concepts Involved:

• Bharatiya Nagarik Suraksha Sanhita (BNSS): The new criminal procedure code that replaced the Code of Criminal Procedure (CrPC).
• Police Custody: The detention of an accused person by the police for interrogation and investigation purposes.
• Judicial Custody: The detention of an accused person in a prison under the order of a judicial magistrate.
• Default Bail: The statutory right of an accused person to be released on bail if the investigating agency fails to complete the investigation within a prescribed period.