Why Do Police Custody and Judicial Remand Require Strict Legal Control?
Arrest takes away a person’s freedom. Because of this, the law must carefully regulate how long the police can keep someone in custody. At the same time, investigations often need more than twenty-four hours to gather evidence. Therefore, criminal procedure law tries to balance liberty with investigative necessity.
Earlier, this balance operated through Section 167 of the Criminal Procedure Code, 1973 (CrPC). Now, under the new legal framework, Section 187 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) governs police custody and judicial remand. Although the structure remains familiar, the new provision strengthens clarity and accountability.
What Was the Purpose of Section 167 CrPC?
Section 167 CrPC applied when the police failed to complete an investigation within the first twenty-four hours after arrest. In such situations, the police had to produce the accused before a Magistrate and seek further detention.
At this stage, the Magistrate could allow police custody or judicial custody. Police custody permitted supervised interrogation. Judicial custody, on the other hand, placed the accused in jail, away from police control.
Importantly, Section 167 CrPC fixed strict time limits. For serious offences, detention could extend up to ninety days. For other offences, the limit remained sixty days. After this period, the accused earned the right to default bail.
How Did Courts Safeguard Liberty Under Section 167 CrPC?
Over time, courts played a crucial role in protecting personal liberty under Section 167 CrPC. Judicial decisions clarified that police custody could not extend beyond the first fifteen days of arrest.
Moreover, courts insisted that Magistrates must apply their mind before granting remand. Mechanical or routine remand orders violated constitutional rights. As a result, judicial oversight became the backbone of lawful detention.
Through these interpretations, courts ensured that custody served investigation, not punishment.
Why Was Section 187 BNSS Introduced?
Section 187 BNSS replaces Section 167 CrPC within a modernised procedural framework. The legislature introduced this provision to improve transparency and reduce misuse of detention powers.
Instead of altering the core safeguards, BNSS reinforces them. The new law emphasises discipline, accountability, and rights-based policing. Consequently, Section 187 BNSS strengthens confidence in the criminal justice process.
How Does Section 187 BNSS Regulate Police Custody Today?
Section 187 BNSS continues to restrict police custody to a limited period under judicial supervision. Police officers cannot keep an accused in custody without the Magistrate’s approval.
In addition, the Magistrate must record reasons while granting police custody. This requirement ensures that custody does not become routine or excessive. Therefore, interrogation remains lawful and controlled.
Most importantly, the provision reinforces that custody exists for investigation alone, not coercion.
How Does Judicial Remand Operate Under Section 187 BNSS?
Judicial remand places the accused under court custody rather than police control. During this period, the accused remains in jail, and police access remains limited.
Section 187 BNSS also preserves maximum detention limits. If the police fail to complete the investigation within the prescribed time, the accused becomes entitled to default bail.
As a result, prolonged detention without progress becomes legally unsustainable.
What Is the Real Difference Between Section 167 CrPC and Section 187 BNSS?
At the core, both provisions regulate custody, remand, and default bail. The fundamental safeguards remain unchanged.
However, the difference lies in legislative clarity. Section 167 CrPC depended heavily on judicial interpretation to prevent abuse. In contrast, Section 187 BNSS embeds those safeguards directly into the statutory framework.
Thus, BNSS strengthens enforcement without expanding police power.
How Does Section 187 BNSS Protect the Rights of the Accused?
Section 187 BNSS ensures that detention always remains under judicial control. Police custody requires recorded reasons, while judicial remand limits police influence.
Furthermore, the right to default bail continues to protect against endless investigation. Together, these safeguards reduce the risk of custodial abuse and unlawful detention.
As a result, personal liberty receives stronger protection under the new framework.
Why Is This Provision Especially Important Today?
Modern investigations often involve digital evidence, financial records, and multiple agencies. Naturally, such cases demand time. However, liberty cannot remain suspended indefinitely.
Section 187 BNSS strikes this balance effectively. It allows investigation to continue while preventing detention from turning into punishment. Therefore, the provision supports both justice and fairness.
What Does Section 187 BNSS Mean for Legal Practice?
For lawyers, Section 187 BNSS offers clear statutory grounds to challenge illegal remand and seek bail. For Magistrates, it reinforces the duty to exercise independent judgment.
For accused persons, the provision guarantees that custody remains limited, supervised, and lawful. Consequently, the criminal process becomes more transparent and rights-oriented.
Conclusion
Section 167 CrPC laid the foundation for regulating police custody and judicial remand. Section 187 BNSS carries these safeguards forward with greater clarity and accountability. While the basic structure remains unchanged, the new framework strengthens judicial oversight and reinforces personal liberty. Custody and remand continue to support investigation, now within a more disciplined and rights-focused criminal justice system.
