WhatsApp Channel Join Now
Telegram Group Join Now

Relevance: GS-II (Indian Constitution, Criminal Justice System, Judiciary) Source: Supreme Court Judgments, 2026

1 · The News

Under India’s old criminal laws (CrPC), if the police arrested someone, they could only keep them in “police custody” for interrogation during the first 15 days. Criminals often misused this by feigning illness for those 15 days, safely waiting out the clock to avoid questioning.
Now, the new law—the Bharatiya Nagarik Suraksha Sanhita (BNSS)—has fixed this loophole, and the Supreme Court has just clarified how it works. The total time a person can spend in police custody remains capped at 15 days. However, the police can now ask a judge for these 15 days in “installments” spread over a much longer window of 40 to 60 days. This gives the police the flexibility to question the accused whenever new evidence pops up later in the investigation.

2 · How the New Custody Process Works

Step 1: The 24-Hour Rule
This basic constitutional right remains unchanged. The police cannot detain an arrested person for more than 24 hours without officially presenting them before a Magistrate.
▼
Step 2: The Installment Window
Instead of blowing all 15 days of custody at once, the police can now ask the Magistrate for custody in short parts (e.g., 3 days now, 5 days later) spread over 40 or 60 days.
▼
Step 3: The Lawyer’s Shield
During questioning, the accused has the right to have their lawyer present in the same room (within line of sight), ensuring the police do not use physical abuse.
▼
Step 4: Camera Recording
To ensure absolute transparency, the Supreme Court mandated that the actual interrogation and any discovery of evidence must be recorded via audio-visual means.

3 · Key Legal Concepts

Section 187(2) BNSS
The Flexible Custody
The new rule that replaces Section 167 of the CrPC. It keeps the 15-day custody limit but allows police to use those days strategically over a longer time frame.
Default Bail
The Ticking Clock
If the police fail to finish their investigation and file a charge sheet within 60 or 90 days, the accused gets an automatic, statutory right to be released on bail.
Articles 21 & 22
Constitutional Balance
These new laws must maintain a delicate balance between giving police the power to catch criminals and protecting a citizen’s fundamental right to life and liberty.
The Lawyer’s Limit
Not Throughout
While a lawyer can be present, the SC clarified they cannot sit throughout the entire continuous interrogation session, as that would disrupt the police’s questioning.

Prelims Quick Facts: Timelines & Safeguards
The 40/60 Window The 15 days of police custody can be spread over the first 40 days (for crimes punishable up to 10 years) or 60 days (for more severe crimes like murder).
The Old Loophole Previously, due to judgments like Anupam J. Kulkarni, if an accused fell sick and was admitted to a hospital for the first 15 days, the police simply lost their chance to interrogate them.
The BSA Mandate Under the new Bharatiya Sakshya Adhiniyam (BSA), whenever police recover new evidence based on an accused’s confession, that entire process must be video-recorded.
Magistrate’s Duty The Supreme Court warned that Magistrates cannot blindly hand over the accused to the police. They must provide clear, reasoned written orders to prevent police harassment.

MCQ Practice Question
Q. With reference to the provisions of police custody and default bail under the Bharatiya Nagarik Suraksha Sanhita (BNSS), consider the following statements:

  1. The BNSS has completely removed the 15-day aggregate limit for police custody, extending it to 60 days.
  2. The Supreme Court clarified that an accused has the right to have an advocate physically present throughout the entire duration of police interrogation.
  3. Default bail is a statutory right that accrues to an accused if the investigating agency fails to file a charge sheet within 60 or 90 days, depending on the severity of the offence.

Which of the statements given above is/are correct?
(a) 1 and 2 only    (b) 3 only    (c) 2 and 3 only    (d) 1, 2 and 3

Answer: (b) 3 only

  • Statement 1 — Incorrect: The aggregate limit of police custody remains firmly capped at 15 days. The BNSS only allows these 15 days to be taken in installments over a 40 or 60-day window.
  • Statement 2 — Incorrect (the trap): The Supreme Court clarified that while an advocate can be in the “line of sight”, they do not have the right to be present throughout the entire continuous interrogation session.
  • Statement 3 — Correct: Default bail is a crucial statutory right designed to prevent the police from keeping a person in jail indefinitely without filing a formal charge sheet.
Ajmal IAS APSC Foundation Course

Recent Posts

Ajmal IAS APSC Foundation BATCH
Ajmal IAS APSC Foundation Course

Start Yours at Ajmal IAS – with Mentorship StrategyDisciplineClarityResults that Drives Success

Your dream deserves this moment — begin it here.