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Supreme Court clarifies scope of police custody under BNSS
By R.K.Vij6 min read at The Hindu
In brief
The Supreme Court clarified the scope of police custody under Section 187(2) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), holding that a magistrate cannot impose an absolute outer limit on police remand during the initial investigation period.
The Court also ruled that an accused's right to meet an advocate of choice under Section 38 of the BNSS does not entail continuous physical presence throughout interrogation.
The judgment modified previous High Court orders that had restricted police custody and mandated continuous advocate presence in a specific custodial death case.
This is an AI-estimated analysis and may not reflect the article's actual intent or the publisher's editorial position.
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Updated - October 25, 2026 10:43 pm IST
Section 58 of the BNSS provides that any person arrested by the police without warrant cannot be detained for more than 24 hours, unless authorised by a magistrate under Section 187. | Photo Credit: File photo
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