Meaning
Section 187 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) deals with the procedure when a criminal investigation cannot be completed within 24 hours of arrest.
It is the BNSS counterpart of Section 167 of the Code of Criminal Procedure, 1973 (CrPC).
The provision regulates:
- production of the accused before a Magistrate;
- police custody;
- judicial custody;
- maximum investigation-related detention;
- default bail.
When Section 187 Applies
If:
- a person has been arrested and detained;
- investigation cannot be completed within the statutory 24-hour period; and
- there are grounds to believe that the accusation is well-founded,
the investigating officer must:
- send the relevant case-diary entries to the nearest Magistrate; and
- produce the accused before that Magistrate.
The investigating officer must ordinarily be at least of the rank of Sub-Inspector.
Police Custody under BNSS
The most important change from the earlier CrPC regime concerns the 15-day police-custody period.
Under Section 187(2), a Magistrate may authorise police custody for a total of up to 15 days, either:
- continuously; or
- in separate parts.
However, these 15 days can now be distributed within:
- the initial 40 days where the overall permissible detention period is 60 days; or
- the initial 60 days where the overall permissible detention period is 90 days.
Thus, the BNSS does not increase the aggregate maximum police custody beyond 15 days, but it widens the period within which those 15 days may be utilised.
60-Day and 90-Day Detention Limits
A Magistrate may authorise detention beyond the 15-day police-custody period where adequate grounds exist.
The maximum detention during investigation is:
- 90 days where the offence is punishable with death, imprisonment for life, or imprisonment for 10 years or more;
- 60 days for other offences.
After expiry of the applicable period, the accused becomes entitled to default bail, provided the accused is prepared to furnish bail.
Default Bail
Default bail arises because the investigating agency has failed to complete the investigation within the statutorily permitted period.
It is therefore distinct from regular bail based on considerations such as:
- seriousness of offence;
- flight risk;
- possibility of tampering with evidence;
- likelihood of reoffending.
The right crystallises after expiry of the prescribed 60-day or 90-day period, subject to the accused being prepared to furnish bail.
Special laws such as the UAPA may prescribe different or extended investigation periods.
Production before Magistrate
For authorisation of police custody, the accused must be produced before the Magistrate:
- personally on the first occasion; and
- personally on every subsequent occasion while police custody continues.
Further judicial custody may be extended through:
- physical production; or
- audio-video electronic means.
This distinction provides an additional safeguard where the accused remains in direct police control.
Executive Magistrate in Exceptional Situations
Where a Judicial Magistrate is unavailable, an authorised Executive Magistrate may permit detention for a maximum of seven days in aggregate.
That period is counted towards the overall 60-day or 90-day statutory detention limit.
Further detention requires an order of the competent Magistrate.
Section 187 BNSS vs Section 167 CrPC
The key change concerns the timing of police custody.
Under the traditional interpretation of Section 167 CrPC, police custody was ordinarily confined to the first 15 days after remand.
Under Section 187 BNSS:
Maximum police custody remains 15 days, but it may be taken in parts during a wider initial window of 40 or 60 days.
This gives investigators greater flexibility to seek police custody at a later stage if fresh investigative requirements arise.
At the same time, this change has generated concerns regarding:
- prolonged uncertainty for accused persons;
- potential repeated transfer between judicial and police custody;
- protection against custodial abuse;
- need for close judicial scrutiny of every remand request.
Constitutional Context
Section 187 operates within the protections of Articles 21 and 22 of the Constitution.
Article 22 requires an arrested person to be produced before the nearest Magistrate within 24 hours, excluding necessary journey time, and prohibits further detention without judicial authority.
Remand is therefore a judicial function, not an automatic consequence of a police request.
The Magistrate must independently assess whether continued detention is justified.
Conclusion
Section 187 BNSS governs remand when investigation cannot be completed within 24 hours. Its most significant departure from the CrPC is that the total 15 days of police custody may be split across the initial 40 or 60 days of detention, while the overall 60-day and 90-day limits governing default bail broadly continue.
