Section 167 CrPC & Section 187 BNSS: Police and Judicial Remand Explained

Introduction

Arrest is only the first stage of criminal process. When investigation cannot be completed within the first 24 hours, the law requires judicial authorization for continued custody. This safeguard is provided under Section 167 of the Code of Criminal Procedure, 1973 (CrPC) and its corresponding provision Section 187 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).

These provisions regulate police remand and judicial remand, ensuring that continued detention is lawful, justified, and supervised by a Magistrate, in line with Articles 21 and 22 of the Constitution of India.

Statutory Framework

Section 167 CrPC – Old Law

When investigation cannot be completed within 24 hours and the accused is produced before a Magistrate, the Magistrate may:

• Authorize detention in police custody or judicial custody

• Subject to statutory limits and judicial satisfaction

Section 187 BNSS – New Law

Section 187 BNSS retains the core framework of Section 167 CrPC while:

• Strengthening accountability mechanisms

• Recognizing electronic and digital records

• Reaffirming liberty safeguards

📌 Key Insight:BNSS does not expand police power; it reinforces judicial control over detention.

Concept of Remand

What Is Remand?

Remand means sending back the accused to custody after production before a Magistrate for further investigation or trial.

Remand can be of two types:

1. Police Remand

2. Judicial Remand

Police Remand

Meaning

Police remand refers to custody of the accused with the investigating agency for the purpose of investigation.

Legal Limits

• Can be granted only within the first 15 days from the date of first production

• Requires specific reasons

• Magistrate must record satisfaction

• Cannot be granted mechanically

Supreme Court View

Police custody is an exception, not the rule.

Judicial Remand

Meaning

Judicial remand means custody of the accused in jail or other judicial custody, not with the police.

Legal Limits

• Maximum of 90 days (for serious offences)

• 60 days for other offences

• Failure to file charge sheet within this period gives rise to default bail

Maximum Period of Detention (Charge Sheet Not Filed)

Nature of Offence	Maximum Detention
Serious offences	90 days
Other offences	60 days

➡ On expiry, accused gets statutory / default bail.

Constitutional Basis

• Article 21 – Right to life and personal liberty

• Article 22(2) – Production before Magistrate

Section 167 CrPC / Section 187 BNSS ensures liberty is not curtailed without judicial approval.

Supreme Court Case Laws

1. CBI v. Anupam J. Kulkarni (1992) 3 SCC 141

🔹 Held:

• Police remand can be granted only within first 15 days

• After that, only judicial custody is permissible

📌 Landmark authority on police remand

2. Manubhai Ratilal Patel v. State of Gujarat (2013) 1 SCC 314

🔹 Held:

• Magistrate must apply judicial mind

• Mechanical remand violates personal liberty

3. Uday Mohanlal Acharya v. State of Maharashtra (2001) 5 SCC 453

🔹 Held:

• Right to default bail is an indefeasible right

• Accused must be released if charge sheet is not filed within time

4. Raghubir Singh v. State of Bihar (1986) 4 SCC 481

🔹 Held:

• Prolonged detention without justification is unconstitutional

Procedure Under Section 167 CrPC / Section 187 BNSS

1. Arrest and production before Magistrate within 24 hours

2. Police seek remand citing investigation necessity

3. Magistrate evaluates:

   • Legality of arrest

   • Necessity of custody

4. Magistrate passes remand order with reasons

5. Periodic review of custody

Practical Illustrations

Illustration 1: Police Remand Granted

• Accused produced on Day 1

• Police seek 5 days custody

• Magistrate grants 3 days with reasons✔ Valid

Illustration 2: Illegal Police Remand

• Police seek custody on Day 20❌ Not permissible

Illustration 3: Default Bail

• Charge sheet not filed within 60 days✔ Accused entitled to bail

Consequences of Illegal Remand

• Custody becomes illegal

• Magistrate order can be challenged

• Writ of habeas corpus maintainable

• Compensation for violation of Article 21

• Prosecution case weakened

Conclusion

Section 167 CrPC and Section 187 BNSS operate as a constitutional safety valve in criminal procedure. Police remand is a limited investigative tool, while judicial remand safeguards liberty through court supervision.

The Magistrate’s role is central—custody cannot continue without judicial conscience.

Disclaimer

This article is intended for general informational and educational purposes only and does not constitute legal advice.The interpretation and application of Section 167 CrPC or Section 187 BNSS may vary based on facts, jurisdiction, and subsequent judicial developments.Readers are advised to consult a qualified legal professional before relying on this information for any legal action.