Police custody
Topic: Justice Delivery: Subordinate Courts, Tribunals, Legal Aid and Judicial Reforms · NCERT: Beyond NCERT
Meaning
Police custody means an arrested person is held by the police so they can be questioned. A magistrate must order it. It can last at most 15 days in total. Under the Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023 (s.187), these 15 days need not run in one stretch. They can be taken in parts within the first 40 or 60 days of detention, depending on the offence. Critics say this wider window could expose the accused to police pressure for longer.
Example
Suppose a man is arrested in a fraud case. The magistrate gives the police five days of custody now. Later, as new evidence turns up, the police can ask for more days, as long as the total stays within 15 days and the 40- or 60-day window.
Don't confuse with
- Judicial custody: here the person is held in jail under the court's control, and the police need permission to question them.
Related concepts
- Criminal justice system
- Police
- Commissionerate system of policing
- Cognizable offence
- Non-cognizable offence
- First Information Report
- Zero FIR
- e-FIR
- Charge sheet
- Arnesh Kumar guidelines