187. Procedure when investigation cannot be completed in twenty-four hours.— (1) Whenever any person is arrested and detained in custody, and it appears that the investigation cannot be completed within the period of twenty-four hours fixed by section 58, and there are grounds for believing that the accusation or information is well-founded, the officer in charge of the police station or the police officer making the investigation, if he is not below the rank of sub-inspector, shall forthwith transmit to the nearest Magistrate a copy of the entries in the diary hereinafter specified relating to the case, and shall at the same time forward the accused to such Magistrate.
(2) The Magistrate to whom an accused person is forwarded under this section may, irrespective of whether he has or has no jurisdiction to try the case, after taking into consideration whether such person has not been released on bail or his bail has been cancelled, authorise, from time to time, the detention of the accused in such custody as such Magistrate thinks fit, for a term not exceeding fifteen days in the whole, or in parts, at any time during the initial forty days or sixty days out of detention period of sixty days or ninety days, as the case may be, as provided in sub-section (3), and if he has no jurisdiction to try the case or commit it for trial, and considers further detention unnecessary, he may order the accused to be forwarded to a Magistrate having such jurisdiction.
(3) The Magistrate may authorise the detention of the accused person, beyond the period of fifteen days, if he is satisfied that adequate grounds exist for doing so, but no Magistrate shall authorise the detention of the accused person in custody under this sub-section for a total period exceeding—
- (i) ninety days, where the investigation relates to an offence punishable with death, imprisonment for life or imprisonment for a term of ten years or more;
- (ii) sixty days, where the investigation relates to any other offence, and, on the expiry of the said period of ninety days, or sixty days, as the case may be, the accused person shall be released on bail if he is prepared to and does furnish bail, and every person released on bail under this sub-section shall be deemed to be so released under the provisions of Chapter XXXV for the purposes of that Chapter.
(4) No Magistrate shall authorise detention of the accused in custody of the police under this section unless the accused is produced before him in person for the first time and subsequently every time till the accused remains in the custody of the police, but the Magistrate may extend further detention in judicial custody on production of the accused either in person or through the audio-video electronic means.
(5) No Magistrate of the second class, not specially empowered in this behalf by the High Court, shall authorise detention in the custody of the police.
Explanation I.— For the avoidance of doubts, it is hereby declared that, notwithstanding the expiry of the period specified in sub-section (3), the accused shall be detained in custody so long as he does not furnish bail.
Explanation II.— If any question arises whether an accused person was produced before the Magistrate as required under sub-section (4), the production of the accused person may be proved by his signature on the order authorising detention or by the order certified by the Magistrate as to production of the accused person through the audio-video electronic means, as the case may be:
Provided that in case of a woman under eighteen years of age, the detention shall be authorised to be in the custody of a remand home or recognised social institution:
Provided further that no person shall be detained otherwise than in police station under police custody or in prison under judicial custody or a place declared as prison by the Central Government or the State Government.
(6) Notwithstanding anything contained in sub-section (1) to sub-section (5), the officer in charge of the police station or the police officer making the investigation, if he is not below the rank of a sub-inspector, may, where a Magistrate is not available, transmit to the nearest Executive Magistrate, on whom the powers of a Magistrate have been conferred, a copy of the entry in the diary hereinafter specified relating to the case, and shall, at the same time, forward the accused to such Executive Magistrate, and thereupon such Executive Magistrate, may, for reasons to be recorded in writing, authorise the detention of the accused person in such custody as he may think fit for a term not exceeding seven days in the aggregate; and, on the expiry of the period of detention so authorised, the accused person shall be released on bail except where an order for further detention of the accused person has been made by a Magistrate competent to make such order; and, where an order for such further detention is made, the period during which the accused person was detained in custody under the orders made by an Executive Magistrate under this sub-section, shall be taken into account in computing the period specified in sub-section (3):
Provided that before the expiry of the period aforesaid, the Executive Magistrate shall transmit to the nearest Judicial Magistrate the records of the case together with a copy of the entries in the diary relating to the case which was transmitted to him by the officer in charge of the police station or the police officer making the investigation, as the case may be.
(7) A Magistrate authorising under this section detention in the custody of the police shall record his reasons for so doing.
(8) Any Magistrate other than the Chief Judicial Magistrate making such order shall forward a copy of his order, with his reasons for making it, to the Chief Judicial Magistrate.
(9) If in any case triable by a Magistrate as a summons-case, the investigation is not concluded within a period of six months from the date on which the accused was arrested, the Magistrate shall make an order stopping further investigation into the offence unless the officer making the investigation satisfies the Magistrate that for special reasons and in the interests of justice the continuation of the investigation beyond the period of six months is necessary.
(10) Where any order stopping further investigation into an offence has been made under sub-section (9), the Sessions Judge may, if he is satisfied, on an application made to him or otherwise, that further investigation into the offence ought to be made, vacate the order made under sub-section (9) and direct further investigation to be made into the offence subject to such directions with regard to bail and other matters as he may specify.
Section 187 BNSS: Understanding Custodial Procedures Under Indian Law
Section 187 BNSS, or BNSS 187, outlines the procedures that must be followed whenever a person is arrested and detained by the police in India. This section is crucial for maintaining the balance between the rights of the accused and the interests of justice. In this article, we will explore the key provisions of Section 187, its implications, and how it affects the process of investigation and detention.
The Process of Arrest and Initial Detention
When a person is arrested, the police officer in charge must ensure that certain procedures are followed to protect the rights of the accused. According to Section 187 BNSS, if an investigation cannot be completed within twenty-four hours of the arrest, the police officer must take specific steps. This requirement aims to prevent unlawful detention and to ensure that the accused’s rights are upheld.
Requirement to Inform the Magistrate
If the investigation takes longer than twenty-four hours, the police officer must promptly transmit a copy of the relevant entries in the diary to the nearest Magistrate. This step is vital as it ensures that a judicial authority is made aware of the situation and can supervise the detention of the accused. Additionally, the accused must be forwarded to the Magistrate, providing a layer of oversight to the police’s actions.
The Role of the Magistrate
Upon receiving the accused, the Magistrate evaluates the situation. Even if the Magistrate does not have the jurisdiction to try the case, they have the authority to decide whether to authorize further detention. The Magistrate will consider if the accused has been released on bail or if their bail has been canceled. If the accused has not been released, the Magistrate can authorize detention for periods not exceeding fifteen days.
Conditions for Extended Detention
Section 187 BNSS provides specific guidelines regarding the maximum duration for which an accused can be detained.
Initial Detention Periods
For serious offences, such as those punishable by death or life imprisonment, the maximum period of detention can extend up to ninety days. For less serious offences, the limit is sixty days. These timeframes ensure that individuals are not held indefinitely without proper justification.
Bail and Release
At the end of the authorized detention period, if the accused can provide bail, they must be released. This provision is essential as it prevents arbitrary detention and upholds the principle that individuals should not be punished without due process.
Judicial Oversight for Further Detention
If the investigation is ongoing, and the Magistrate believes that further detention is necessary, they can authorize additional detention beyond the initial fifteen days. However, there are strict limitations on how long this can last. No one can be held in custody for more than ninety or sixty days, depending on the nature of the offence.
Safeguards Against Unlawful Detention
Section 187 BNSS includes several safeguards to prevent unlawful detention and ensure that the rights of the accused are protected.
Personal Appearance Before the Magistrate
A critical aspect of this section is that the accused must be produced before the Magistrate in person for the first time. This rule aims to ensure that the accused is physically present for any decisions regarding their custody. Subsequent appearances can be made through audio-video means, which adds flexibility while still ensuring oversight.
Limitations on Police Custody
The section also specifies that no Magistrate of the second class, unless specially empowered, can authorize police custody. This limitation helps maintain a balance of power between police authorities and the judiciary.
The Role of the Executive Magistrate
In cases where a regular Magistrate is unavailable, Section 187 BNSS allows the officer in charge of the police station to approach an Executive Magistrate. This Executive Magistrate can authorize detention for up to seven days, but must document their reasons for doing so. After this period, the accused must be released unless a competent Magistrate has ordered further detention.
Accountability of the Magistrate
Every order made by a Magistrate authorizing detention must include documented reasons. This requirement ensures transparency and accountability in the judicial process. Additionally, any Magistrate other than the Chief Judicial Magistrate must forward their orders, along with their reasoning, to the Chief Judicial Magistrate. This step ensures that higher judicial authorities are aware of detention orders and can review them if necessary.
Conclusion of Investigations and Rights of the Accused
Another important aspect of Section 187 BNSS is the timeline for completing investigations. If the investigation is not concluded within six months from the date of arrest, the Magistrate must stop further investigation unless there are special reasons to continue.
The Role of the Sessions Judge
If an order stopping further investigation has been made, a Sessions Judge can vacate this order if they find that further investigation is warranted. This provision allows for a check on the authority of lower Magistrates and ensures that justice is not delayed unnecessarily.
Final Thoughts on Section 187 BNSS
Understanding Section 187 BNSS is crucial for anyone interested in the Indian legal system. It provides a framework for how police custody and investigations should be conducted, balancing the rights of the accused with the need for effective law enforcement. By following these procedures, the legal system aims to ensure that justice is served fairly and efficiently.
In conclusion, Section 187 BNSS plays a vital role in safeguarding the rights of individuals while also allowing law enforcement to carry out their duties effectively. It is essential for the public to be aware of these laws to understand their rights and the legal processes that govern arrests and detentions in India.