Section 187 – Bharatiya Nagarik Suraksha Sanhita(BNSS) – Procedure When Investigation Cannot Be Completed In Twenty-Four Hours.

Bharatiya Nagarik Suraksha Sanhita (BNSS) – Section 187

Code:

Subsection (1)

• Whenever any person is arrested and detained in custody, and it appears that the investigation cannot be completed within the period of 24 hours fixed by Section 58, and there are grounds for believing that the accusation or information is well-founded:
  • The officer in charge of the police station or the police officer making the investigation (if not below the rank of sub-inspector) shall:
    1. Transmit to the nearest Judicial Magistrate a copy of the entries in the diary relating to the case.
    2. Forward the accused to such Magistrate.

Subsection (2)

• The Judicial Magistrate to whom an accused person is forwarded may:
  • Authorise the detention of the accused in custody as deemed fit, for a term not exceeding 15 days (in whole or parts).
  • During the initial 40 or 60 days of detention out of a total period of 60 or 90 days, as provided in Subsection (3).
  • If the Magistrate has no jurisdiction to try the case or commit it for trial and considers further detention unnecessary, they may order the accused to be forwarded to a competent Judicial Magistrate.

Subsection (3)

• The Magistrate may authorise detention beyond 15 days if adequate grounds exist, but not exceeding:
  1. 90 days: For offences punishable with death, imprisonment for life, or imprisonment for a term of not less than 10 years.
  2. 60 days: For all other offences.
• Upon expiry of these periods, the accused shall be released on bail if prepared to and does furnish bail.

Subsection (4)

• No Magistrate shall authorise police custody detention unless:
  1. The accused is produced in person for the first time.
  2. Subsequent extensions may be granted upon production in person or via electronic video linkage.

Subsection (5)

• A Magistrate of the second class cannot authorise police custody detention unless specially empowered by the High Court.

Explanation I

• Even after the expiry of the specified period in Subsection (3), the accused shall remain in custody until bail is furnished.

Explanation II

• Proof of the accused’s production before the Magistrate may include:
  • The accused’s signature on the order authorising detention.
  • The Magistrate’s certified order confirming production through video linkage.

Proviso

1. If the accused is a woman under 18 years of age, detention must be authorised in a remand home or recognised social institution.
2. Detention is permissible only in:
   • Police station (police custody).
   • Prison (judicial custody).
   • Place declared as a prison by the Central or State Government.

Subsection (6)

• If a Judicial Magistrate is unavailable:
  • The police officer may forward the accused to the nearest Executive Magistrate with the case diary.
  • The Executive Magistrate may authorise custody for up to 7 days in aggregate.
  • Before expiry of this period, records must be transmitted to the nearest Judicial Magistrate.

Subsection (7)

• Magistrates authorising police custody must record their reasons in writing.

Subsection (8)

• Magistrates (other than the Chief Judicial Magistrate) making such orders must forward a copy with reasons to the Chief Judicial Magistrate.

Subsection (9)

• In summons cases, if the investigation is not concluded within 6 months from the date of arrest:
  • The Magistrate shall stop further investigation unless special reasons for continuation are provided.

Subsection (10)

• If further investigation is stopped under Subsection (9), the Sessions Judge may:
  • Vacate the order.
  • Direct further investigation with specific conditions regarding bail and other matters.

Explanation:

This section deals with the procedure for police custody and judicial remand of an arrested person during the investigation of a case. It sets out the maximum duration an individual can be held in police custody and provides for judicial oversight to ensure the fairness of the investigation process.

Key Points:

• Initial Custody (Section 187(1)):
  • Police can hold a person in custody for a maximum of 24 hours.
  • If investigation requires more time, the police must present the accused to a Judicial Magistrate.
• Judicial Remand (Section 187(2)):
  • The Judicial Magistrate can authorise further detention for up to 15 days, within the initial 40 or 60 days of detention.
  • The Magistrate can also forward the accused to a different Magistrate with jurisdiction.
• Extended Detention (Section 187(3)):
  • The Magistrate can extend detention beyond 15 days if there are compelling reasons, but only for a maximum of 90 days for serious offenses and 60 days for other offenses.
  • After the maximum period, the accused must be released on bail if they provide bail.
• Production Before Magistrate (Section 187(4)):
  • The accused must be produced before the Magistrate in person for the first time and every time they remain in police custody.
  • Video conferencing can be used for subsequent appearances.
• Detention in Women’s Cases (Section 187(5)):
  • A woman under 18 years of age must be detained in a remand home or recognized social institution.
• Availability of Judicial Magistrate (Section 187(6)):
  • If a Judicial Magistrate is not available, an Executive Magistrate can authorise detention for a maximum of 7 days.
• Recording Reasons (Section 187(7)):
  • Magistrates must record their reasons for authorising detention.
• Reporting to Chief Judicial Magistrate (Section 187(8)):
  • Magistrates (other than the Chief Judicial Magistrate) must forward a copy of their orders to the Chief Judicial Magistrate.
• Time Limits for Investigation (Section 187(9)):
  • Investigation in summons cases must be completed within six months. If not, the Magistrate can order it to be stopped unless special reasons exist.
• Vacation of Stoppage Orders (Section 187(10)):
  • The Sessions Judge can vacate an order to stop investigation if further investigation is deemed necessary.

Illustration:

Suppose a person is arrested for theft. The police investigate the case for 24 hours. They require more time, so they present the accused to a Judicial Magistrate. The Magistrate, after hearing arguments, authorises detention in police custody for 10 days. After 10 days, the police request a further extension. The Magistrate reviews the case, considering the progress of the investigation and the need to gather more evidence, and extends the detention by another 5 days. The accused is then produced before the Magistrate again, and after considering the evidence, the Magistrate releases the accused on bail.

Common Questions and Answers:

Q: What are the maximum detention periods under this section?

A: The maximum detention period in police custody is 24 hours. The maximum extension in Judicial custody is 15 days initially, and can be extended up to 90 days for serious offenses and 60 days for other offenses.

Q: Can a Magistrate extend detention indefinitely?

A: No. There are maximum time limits for detention under this section, and the Magistrate must provide reasons for any extension.

Q: What happens if the investigation is not completed within the time limit?

A: The Magistrate may order the investigation to be stopped unless the officer making the investigation can justify further investigation.

Q: What are the rights of the accused during detention?

A: The accused has the right to be informed of the charges, access legal representation, and be produced before a Magistrate.