The Code of Criminal Procedure (Cr.PC) empowers the jurisdictional magistrate to grant police custody up to 15 days in case investigation cannot be completed within 24 hours.
However, Section 187 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), which replaces the Cr.PC, says police custody of 15 days can be authorised in whole or in parts at any time during the initial 40 or 60 days out of the 60- or 90-day period of judicial custody.
The police custody of 15 days may be spread over 60 days where the offence is punishable with at least 10 years of imprisonment, or 40 days for any other offence.
Concerns
Human rights activists are apprehensive that the provision could pave the way for the police to take undue advantage over the arrested persons and indulge in extrajudicial measures.
The new provision could lead to bail being denied during this period if the police argue that they need to take the person back in their custody
One can end up going against the morality and spirit of the Constitution by changing procedural laws.
The fundamental rights of citizens will be affected by the new provision
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