Question

Under Bharatiya Nagarik Suraksha Sanhita(BNSS), what is the maximum period for which a person can be held in police custody in total, even if remanded periodically by a magistrate?

• A. 30 days
• B. 60 days
• C. 90 days
• D. 15 days

Answer 1

Answer:

D. 15 days

Bharatiya Nagarik Suraksha Sanhita (BNSS) - Police Custody Limits

• The Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, is a new criminal procedure code in India aiming to replace the colonial-era Code of Criminal Procedure (CrPC), 1973.
• Under Section 167(2) of the CrPC, the maximum period a person could be held in police custody was 15 days.
• The BNSS, in its Section 167, continues this provision, stipulating that a person cannot be held in police custody for more than 15 days in total.
• This 15-day limit applies even if the person is remanded periodically by a Magistrate. After this period, the accused must be moved to judicial custody if further detention is required.
• This rule is a significant safeguard against prolonged, potentially illegal, detention by the police without judicial oversight.
• The BNSS, along with the Bharatiya Nyaya Sanhita (BNS) and Bharatiya Sakshya Adhiniyam (BSA), forms the new trinity of criminal laws in India, effective from July 1, 2024.
• The intention behind such provisions is to ensure that investigations are conducted efficiently while respecting the fundamental rights of the accused.