The custody regime under BNSS refers to the legal framework that governs the detention of an accused person during the investigation of a criminal offence. It includes provisions for: (1) The maximum period of detention during investigation; (2) The procedure for seeking remand (extension of custody); (3) The right to default bail; (4) The distinction between police custody and judicial custody; (5) The production of the accused before a magistrate.

The custody regime is important because it directly impacts the fundamental right to personal liberty under Article 21. It ensures that an accused person is not detained indefinitely without trial. The regime balances the need for effective investigation with the protection of individual liberty. It also provides a mechanism for judicial oversight of detention.

The custody regime is rooted in Article 21 of the Constitution, which guarantees that no person shall be deprived of their life or personal liberty except according to procedure established by law. The procedure under Section 187 BNSS must be fair, just, and reasonable. The Supreme Court has consistently held that the custody regime must protect against arbitrary detention.

Police custody, also known as police remand, is the period during which the accused is in the custody of the police for the purpose of investigation. During this period, the police can interrogate the accused, collect evidence, and conduct searches. Police custody is granted by a magistrate on the application of the police. The maximum period of police custody is usually limited to 15 days, but it can be extended in certain circumstances.

Judicial custody is the period during which the accused is in the custody of the court (magistrate or judge) and is lodged in a jail. The purpose of judicial custody is to ensure the safe custody of the accused pending investigation or trial. Judicial custody is granted by the magistrate after the initial period of police custody expires. The accused has better facilities and more rights in judicial custody compared to police custody.

The key differences are: (1) Authority: Police custody is under the police, while judicial custody is under the magistrate; (2) Purpose: Police custody is for interrogation and evidence collection, while judicial custody is for safe custody; (3) Duration: Police custody is limited to a short period (usually 15 days), while judicial custody can last up to 60/90 days; (4) Conditions: Police custody has more stringent conditions, while judicial custody has better facilities; (5) Default Bail: Default bail applies only to judicial custody.

The 60-day timeline applies to offences punishable with less than 10 years of imprisonment. If the investigating agency does not file a chargesheet within 60 days from the date of the accused’s first production before the magistrate, the accused becomes entitled to default bail.

The 90-day timeline applies to offences punishable with 10 years or more of imprisonment. If the investigating agency does not file a chargesheet within 90 days from the date of the accused’s first production before the magistrate, the accused becomes entitled to default bail.

The timeline begins from the date of the first production of the accused before the magistrate, not from the date of arrest or the date of the FIR. This is a critical distinction that accused persons must be aware of.

Yes. The timeline is counted in actual days, not working days. This means that weekends, public holidays, and court holidays are all included in the calculation.

Remand is the process by which a court (magistrate) authorises the detention of an accused person in custody for a specified period. Remand can be for police custody (police remand) or judicial custody (judicial remand). The purpose of remand is to facilitate investigation or to ensure the accused’s presence at trial.

The procedure for remand is: (1) The police produce the accused before the magistrate; (2) The police apply for remand, stating the grounds; (3) The magistrate examines the application and the accused; (4) The magistrate may grant remand for a specified period; (5) The maximum period of police custody is limited; (6) The magistrate must record reasons for granting remand.

The accused has the right to: (1) Be produced before the magistrate within 24 hours of arrest; (2) Be informed of the grounds of remand; (3) Oppose the remand application; (4) Be represented by a lawyer; (5) Be treated with dignity; (6) Not be tortured or subjected to cruel treatment.

Yes. The accused can challenge the remand order before a higher court. The accused can argue that the remand was not justified, that the procedural requirements were not complied with, or that the remand was based on insufficient grounds. The higher court can set aside the remand order and grant bail.

Default bail under Section 187(2) BNSS is a statutory right that arises when the investigating agency fails to file a chargesheet within the prescribed 60 or 90 day period. It is also known as statutory bail or automatic bail. The right is automatic and does not depend on the court’s discretion.

If the investigation is not completed within the prescribed period, the accused becomes entitled to bail as a matter of right. The accused must apply to the court for default bail. Once the application is filed, the court is bound to grant bail if the condition is satisfied. The court cannot deny bail on the merits of the case.

No. If the chargesheet is filed after the prescribed period, the right to default bail has already accrued. The subsequent filing of the chargesheet does not defeat the right. However, if the accused has not applied for default bail and the chargesheet is filed before the application is heard, the right may be affected.

The Supreme Court has held that the right to default bail is inalienable — it cannot be taken away by subsequent events. The filing of a chargesheet after the prescribed period does not defeat the right. The right is statutory and must be granted if the condition is satisfied. The court has no discretion to deny it.

Production of the accused before a magistrate is a constitutional safeguard under Article 22 of the Constitution. It ensures that the accused is not detained arbitrarily and that a judicial officer reviews the grounds of detention. The magistrate acts as a check on the power of the police.

The accused must be produced before the magistrate within 24 hours of arrest (excluding travel time). This is a mandatory requirement. If the accused is not produced within 24 hours, the detention becomes illegal, and the accused can seek release.

During the production, the magistrate: (1) Identifies the accused; (2) Informs the accused of the grounds of arrest; (3) Reviews the police application for remand; (4) Asks the accused if they have any complaint; (5) Decides whether to grant remand or release the accused; (6) Records the proceedings.

If the accused is not produced within 24 hours, the detention is illegal. The accused can file a habeas corpus petition before the High Court or Supreme Court seeking release. The magistrate can also order the release of the accused if the police fail to comply with the timeline.

The accused has several fundamental rights under the Constitution: (1) Right to personal liberty (Article 21); (2) Right to be produced before magistrate within 24 hours (Article 22); (3) Right to be informed of the grounds of arrest (Article 22); (4) Right to consult a lawyer (Article 22); (5) Right against self-incrimination (Article 20(3)); (6) Right against torture and cruel treatment.

The accused has several statutory rights under the BNSS: (1) Right to default bail under Section 187(2); (2) Right to be produced before magistrate; (3) Right to apply for bail; (4) Right to be treated with dignity; (5) Right to access to medical facilities; (6) Right to communicate with family.

The right against self-incrimination is protected under Article 20(3) of the Constitution. It provides that no person accused of any offence shall be compelled to be a witness against himself. This means that the accused cannot be forced to give a confession or to answer questions that would incriminate them.

The accused has the right to legal aid under Article 21 and the Legal Services Authorities Act, 1987. If the accused cannot afford a lawyer, the state is obligated to provide free legal assistance. The accused can approach the state legal services authority for a lawyer.

A chargesheet is the final report filed by the investigating agency after completion of the investigation. It contains the names of the accused, the offences charged, the evidence collected, and a list of witnesses. The chargesheet is filed before the magistrate and initiates the trial process.

Filing a chargesheet has several effects: (1) The investigation is deemed complete; (2) The accused can no longer claim default bail; (3) The trial process begins; (4) The accused must appear before the court for trial; (5) The accused can apply for regular bail based on the merits of the case.

If the chargesheet is filed after the prescribed 60 or 90 day period, the right to default bail has already accrued. The accused is entitled to default bail even if the chargesheet is filed later. The court must grant default bail if the accused applies before the chargesheet is filed.

Yes. After the chargesheet is filed, the accused can be detained pending trial. However, the accused can apply for regular bail under Section 483 BNSS. The court will consider the merits of the case, the likelihood of absconding, the risk of tampering with evidence, and other relevant factors.

Yes. The Supreme Court has held that the provisions of Section 187 BNSS (formerly Section 167 CrPC) apply to special laws unless expressly excluded. The right to default bail is available under special laws like UAPA, PMLA, and NDPS unless the statute expressly excludes it.

Under the Unlawful Activities (Prevention) Act, 1967, the right to default bail under Section 187(2) BNSS is available unless expressly excluded. The Supreme Court in Union of India v. K.A. Najeeb (2021) held that default bail is available under UAPA. The stringent provisions of Section 43D(5) do not exclude default bail.

Under the Prevention of Money Laundering Act, 2002, the right to default bail is available unless expressly excluded. The Supreme Court has held that default bail is available under PMLA. The twin conditions under Section 45 apply to regular bail, not default bail.

Under the Narcotic Drugs and Psychotropic Substances Act, 1985, the right to default bail is available unless expressly excluded. The Supreme Court has held that default bail is available under NDPS. The twin conditions under Section 37 apply to regular bail, not default bail.

The Supreme Court held that the right to default bail under Section 167(2) CrPC is absolute and cannot be denied on the merits of the case. The Court emphasized that the right is statutory and must be granted if the condition is satisfied. The Court also held that the filing of a chargesheet after the prescribed period does not defeat the right.

The Supreme Court held that the right to default bail is a statutory right that cannot be defeated by the pendency of other applications or the filing of a chargesheet after the prescribed period. The Court emphasized that the right is automatic and does not depend on the court’s discretion.

The Supreme Court held that the period of 60 or 90 days is to be counted from the date of remand and not from the date of arrest. The Court also held that the right to default bail is not affected by the filing of a chargesheet after the prescribed period.

The Supreme Court held that the right to default bail under Section 167(2) CrPC (now Section 187(2) BNSS) is available under special laws like UAPA unless expressly excluded. The Court emphasized that the right is statutory and must be granted if the investigation is not completed within the prescribed period.

The Supreme Court laid down guidelines for bail in economic offences and emphasized the need for timely investigation. The Court also reiterated the importance of the right to default bail and the need for courts to adhere to the timelines under Section 167 CrPC.

Section 187 BNSS is the provision that governs the custody of accused persons during investigation. It replaced Section 167 of the CrPC.

The 60/90 day rule provides that if the investigation is not completed within 60 days (for offences punishable with less than 10 years) or 90 days (for offences punishable with 10 years or more), the accused becomes entitled to default bail.

Police custody is under the police and is for interrogation; judicial custody is under the magistrate and is for safe custody. Police custody is limited to a short period, while judicial custody can last up to 60/90 days.

Default bail is a statutory right that arises when the investigating agency fails to file a chargesheet within the prescribed 60 or 90 day period.

The period begins from the date of first production of the accused before the magistrate, not from the date of arrest.

No. If the chargesheet is filed after the prescribed period, the right to default bail has already accrued. The subsequent filing does not defeat the right.

Yes. The Supreme Court has held that default bail is available under special laws like UAPA, PMLA, and NDPS unless expressly excluded.

The accused has the right to be produced before magistrate within 24 hours, the right to consult a lawyer, the right against self-incrimination, and the right to default bail.

The accused must be produced before the magistrate within 24 hours of arrest (excluding travel time).

Key judgments include Rakesh Kumar Paul (2017), M. Ravindran (2021), Hitendra Vishnu Thakur (1994), K.A. Najeeb (2021), and Satender Kumar Antil (2022).

Bharatiya Nagarik Suraksha Sanhita, 2023 – the new criminal procedure code replacing CrPC.

Code of Criminal Procedure, 1973 – the old criminal procedure code replaced by BNSS.

Custody of the accused with the police for the purpose of interrogation and investigation.

Custody of the accused with the magistrate, lodged in a jail, pending investigation or trial.

The process by which a court authorises the detention of an accused person in custody.

A statutory right to bail that arises when the investigation is not completed within 60 or 90 days.

The final report filed by the investigating agency after completion of investigation.

The period during which an accused person is held in custody before the trial begins.

A right that cannot be taken away, transferred, or surrendered. The right to default bail is inalienable.