BNSS Police Custody Rules: Analysis of Section 187 Changes and Extended Remand Concerns

An analysis of police custody provisions under Section 187 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) highlights concerns about altered statutory safeguards. The removal of the words "otherwise than in the custody of police" from the new framework may permit extended police remand periods beyond the previously established 15-day limit.

Legal scholars emphasize that custodial detention raises serious concerns beyond physical harm. As noted in commentary on the subject, mental trauma experienced by individuals in police lock-ups presents significant human rights considerations. The Supreme Court, in Maneka Gandhi v. Union of India, established that any deprivation of fundamental rights under Article 21 must occur through procedure that is just, fair, and reasonable—not arbitrary.

Both the Criminal Procedure Code, 1973 and BNSS recognize police custody and judicial custody as distinct remedies. Police custody is typically granted to enable investigation and interrogation of suspects. Judicial custody, by contrast, serves to separate the accused from the scene of the alleged crime while maintaining procedural fairness. The analysis raises questions about whether the BNSS amendments adequately protect individual liberty rights under constitutional standards.