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How it works

Remand

The difference between police custody and judicial custody, the time limits, and default bail.

General information, not legal advice. For criminal procedure, check Section 531 BNSS: appeals, applications, trials, inquiries and investigations pending immediately before 1 July 2024 may continue under the saved CrPC. The alleged offence date and substantive penal law are a separate question. Civil suits remain governed by the CPC and applicable special law.

Stages at a glance

Remand

  1. 1First production
  2. 2Police custody: up to 15 days
  3. 3Judicial custody
  4. 4Charge-sheet within 60 or 90 days
  5. 5Default bail if not filed

Police custody and judicial custody

  • First productionAt the first production the Magistrate decides whether further detention is needed and, if so, whether in police custody or judicial custody.S. 187 BNSS (S. 167 CrPC)
  • Police custodyCustody with the police for investigation. It cannot exceed 15 days in all, which may be taken in whole or in parts at any time during the first 40 days (cases with a 60-day limit) or 60 days (cases with a 90-day limit).S. 187(2)-(3) BNSS
  • Judicial custodyCustody in jail under the order of the court. The police may question the person only with the court’s permission.
  • Total periodThe total detention during investigation cannot exceed 90 days for offences punishable with death, life imprisonment or imprisonment of 10 years or more, and 60 days for other offences.S. 187(3) BNSS (S. 167(2) CrPC)
  • Default bailIf the charge-sheet is not filed within that period, the person is entitled to bail on applying for it and furnishing bail. The right must be claimed before the charge-sheet is filed.S. 187(3) BNSS (S. 167(2) CrPC)
  • Special lawsSome laws extend the period. Under the NDPS Act it is 180 days for certain offences, extendable up to one year on the Public Prosecutor’s report.S. 36A(4), NDPS Act

Official sources

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